AIRS AROMATICS, LLC v. OPINION VICTORIA'S SECRET STORES BRAND MANAGEMENT, INC.

No. 12-55276.

744 F.3d 595 (2014)

AIRS AROMATICS, LLC, a Delaware Limited Liability Company with its principal place of business in Wilmington, DE, Plaintiff-Appellant, v. OPINION VICTORIA'S SECRET STORES BRAND MANAGEMENT, INC., a Delaware Corporation with its principal place of business in Reynoldsburg, OH, Defendant-Appellee.

United States Court of Appeals, Ninth Circuit.

Filed February 28, 2014.


Attorney(s) appearing for the Case

John Derrick , Law Office of John Derrick, Santa Barbara, CA, for Plaintiff-Appellant.

Diana Torres , Michael Shipley , and David Klein , Kirkland & Ellis LLP, Los Angeles, CA, for Defendant-Appellee.

Before: JEROME FARRIS, N. RANDY SMITH, and PAUL J. WATFORD, Circuit Judges.


OPINION

FARRIS, Circuit Judge:

I

Airs Aromatics, a purported owner of an ANGEL DREAMS trademark, filed a lawsuit against Victoria's Secret alleging breach of contract claims and requesting cancellation of Victoria's Secret's registered DREAM ANGELS trademark. The district court entered an order dismissing the complaint for failure to allege actual breaches of the contract and lack of standing for the cancellation claim. Airs Aromatics appealed...

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