Schultz

Airwair International Ltd. v. Schultz

Good Law

73 F. Supp. 3d 1225·2014 WL 5871580·2014 U.S. Dist. LEXIS 159415

United States District Court, Northern District of CaliforniaNovember 12, 2014Case No.: 5:13-CV-01190-LHKCalifornia6,963 words

Opinion

Lead Opinion

Koh, J.

ORDER DENYING MOTION TO DISMISS

Plaintiff AirWair International Ltd. (“AirWair”), brings this action against defendant NPS (Shoes) Ltd. (“NPS”) and defendant Matthew K. Schultz, an individual doing business as Calceus (“Calceus”), for federal trademark infringement, federal false designation of origin, trademark dilution, California statutory unfair competition, common law unfair competition, and California statutory trademark dilution. ECF No. 28 (“First Am. Compl.”). Before the Court is NPS’s motion to dismiss for lack of personal jurisdiction. ECF No. 30 (“Mot.”).

Pursuant to Civil Local Rule 7-l(b), the Court finds this matter appropriate for resolution without oral argument and hereby VACATES the hearing scheduled for November 13, 2014. The case management conference set for November 13, 2014 at 1:30 p.m. remains as set. Having considered the submissions of the parties and the relevant law, and for good cause shown, the Court hereby DENIES NPS’s motion to dismiss.

I. BACKGROUND

A. Factual Background

The following background is drawn from AirWair’s operative complaint, as well as declarations submitted in conjunction with NPS’s motion to dismiss.

AirWair, a company based…

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