Facts

Ayla LLC filed a lawsuit against Alya Skin Pty. LTD for trademark infringement.

PLAINTIFF'S CONTENTIONS: Plaintiff contended that defendant impermissibly used its trademarks. Plaintiff contended that although defendant is based in Victoria, Australia, the court had specific personal jurisdiction over defendant because defendant markets and sells the accused products in California and actual consumer confusion has occurred in California. Plaintiff also contended that the court had jurisdiction over the defendant under Federal Rule of Civil Procedure 4(k)(2) because defendant failed to point to any other jurisdictions in the U.S. where the suit could have been brought and defendant had sufficient contact with the United States as a whole. Specifically, 10 percent of defendant's sales were in the U.S., defendant conducted promotions specifically targeting U.S. consumers, had applied for a U.S. trademark registration, promoted its products as FDA approved, and shipped products from a facility located in the U.S.

DEFENDANT'S CONTENTIONS: Defendant contended that the court lacked personal jurisdiction.

Result

The court granted defendant's motion to dismiss for lack of personal jurisdiction.