Trademark Infringement – Personal Jurisdiction

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7^th Circuit Court of Appeals

Case Name: Charles Curry dba Get Diesel Nutrition v. Revolution Laboratories, LLC, et al.

Case No.: 17-2900

Officials: RIPPLE, ROVNER, and BARRETT, Circuit Judges.

Focus: Trademark Infringement – Personal Jurisdiction

Charles Curry brought this action pro se in the district court, alleging that Revolution Laboratories, LLC (“Revolution”), Rev Labs Management, Inc. (“Management”), and Joshua and Barry Nussbaum (collectively the “defendants”) had infringed and diluted his trademark, violated the Illinois Consumer Fraud and Deceptive Practices Act, violated the Illinois Uniform Deceptive Trade Practices Act, engaged in false advertising and cybersquatting, and filed a fraudulent trademark application.

Revolution is a limited liability company that is in the business of selling sports nutritional supplements and apparel. Management is a corporation that was formed for the sole purpose of being the manager of Revolution. According to Mr. Curry, Joshua and Barry Nussbaum co-founded Revolution and Management. Joshua Nussbaum is the President of Management and Revolution; Barry Nussbaum is the Director of Management and the Chief Executive Officer of Revolution.

The defendants moved to dismiss Mr. Curry’s suit for lack of personal jurisdiction. The district court dismissed the action, holding that it lacked personal jurisdiction. Mr. Curry timely appealed that decision to this court. We respectfully disagree with the district court’s ruling and hold that the district court did have personal jurisdiction over Revolution. Accordingly, we reverse the judgment of the district court and remand the case for further proceedings consistent with this opinion.

Reversed and remanded

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Derek A Hawkins is trademark corporate counsel for Harley-Davidson. Hawkins oversees the prosecution and maintenance of the Harley-Davidson’s international trademark portfolio in emerging markets.