Duncan

In this fifth round of litigation over rights to a foot massage device, we explore the boundaries of state and federal jurisdiction over trademark infringement.

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Nancy Duncan, and her company, Just Vibrations International, Inc., produce and distribute “Footsie Wootsie” foot massage machines designed in the shape of a chair. In early 1990, A1 Stuetzle met with Duncan, allegedly to discuss his interest in either purchasing Duncan’s business, becoming her exclusive distributor, or leasing one or all of the “Footsie Wootsie” units. Duncan alleges that, during the course of the discussions, she turned over proprietary information on both the existing “Footsie Wootsie,” and on a future model to be shaped like a “log” or “barrel,” to Stuetzle. Both parties agree that she also asked him to sign a nondisclosure agreement. Stuetzle refused to sign the agreement, apparently because it included a non-competition clause.

On March 5, 1990, allegedly because of Stuetzle’s refusal to sign the agreement, Duncan broke off the discussions. She also threatened litigation in federal court if Stuet-zle used the proprietary information for his own benefit. Duncan alleges that in September…