McBee v. Delica Co.

Cecil McBee (plaintiff), a renowned American jazz musician, discovered that Delica Co. (defendant), a Japanese clothing retailer, had trademarked and used his name for a line of girls' clothing sold in Japan through stores and a largely Japanese-language website viewable in the United States, though Delica's policy was not to sell those products domestically. Through Japanese-speaking investigators, McBee managed to have a few items shipped surreptitiously into the United States. McBee sued Delica under the Lanham Act for false endorsement and dilution, seeking an injunction against U.S. sales and against the website's presence in the U.S.; the district court dismissed for lack of subject-matter jurisdiction.