United States Ninth Circuit
Airs Aromatics v. Victoria's Secret Store Brand Management, Inc., 12-55276
Dismissal of a trademark cancellation claim under section 37 of the Lanham Act is affirmed, where: 1) the trademark cancellation claim under Section 37 of the Lanham Act does not provide an independent basis for federal jurisdiction on its own; and 2) plaintiff failed to state a claim for trademark infringement because it failed sufficiently to allege continuous usage of the mark, and leave to amend would have been futile.
Appellate Information
- Decided 02/28/2014
- Published 02/28/2014
Judges
- FARRIS
Court
- United States Ninth Circuit