Woodke v. Dahm, 70 F.3d 983 (8th Cir. 1995). · Go Syfert
Woodke v. Dahm, 70 F.3d 983 (8th Cir. 1995). Cases Citing This Book View Copy Cite
“by referring to 'events omissions giving rise to the claim,' congress meant to require courts to focus on relevant activities of the defendant, not of the plaintiff”
198 citation events (155 in the last 25 years) across 58 distinct courts.
Strongest positive: My Move Mortgage, LLC v. Stephanie Bevard (utd, 2026-03-11) · Strongest negative: Wempe v. Sunrise Medical HHG, Inc. (ksd, 1999-08-26)
Treatment trajectory · 1995 → 2026 · click a year to view as-of
1995 2010 2026
Top citers, strongest first. 50 distinct citers. How cited ↗
examined Cited "but see" Wempe v. Sunrise Medical HHG, Inc. (3×) also: Cited as authority (rule), Cited "see"
D. Kan. · 1999 · signal: but see · confidence high
See Rothstein v. Carriere, 41 F.Supp.2d at 387 (“The place where the harm occurred is ... relevant for venue purposes.” (citation omitted)); see Dakota Industries, Inc. v. Dakota Sportswear, 946 F.2d 1384, 1388-89 (8th Cir.1991); but see Woodke v. Dahm, 70 F.3d at 985 .
discussed Cited "but see" Gwynn v. TransCor America, Inc.
D. Colo. · 1998 · signal: but see · confidence high
See Neufeld v. Neufeld, 910 F.Supp. 977, 986 (S.D.N.Y.1996) (applying a similar provision in § 1891(a)(2)); but see Woodke v. Dahm, 70 F.3d 983, 985 (8th Cir.1995) (holding venue improper for a claim arising under the Lan-ham Act when the only events alleged to have occurred in the district related to plaintiffs damages).
discussed Cited as authority (verbatim quote) My Move Mortgage, LLC v. Stephanie Bevard
D. Utah · 2026 · signal: see · quote attribution · 1 verbatim quote · confidence high
if congress had wanted to lay venue where the plaintiff was residing when he was injured, it could have said so expressly
discussed Cited as authority (verbatim quote) Heaton Contract Manufacturing LLC v. Noble.Com Inc (2×) also: Cited as authority (rule)
E.D. Wis. · 2021 · quote attribution · 1 verbatim quote · confidence high
we therefore reject argument that venue lies in the northern district of iowa simply because that was where he was residing when the passing off occurred.
discussed Cited as authority (verbatim quote) Innovate1 v. First Bridge Merchant Solutions, LLC
D. Conn. · 2020 · quote attribution · 1 verbatim quote · confidence high
by referring to 'events omissions giving rise to the claim,' congress meant to require courts to focus on relevant activities of the defendant, not of the plaintiff
discussed Cited as authority (verbatim quote) PopSockets LLC v. Online King LLC
D. Colo. · 2019 · quote attribution · 1 verbatim quote · confidence high
the place where the alleged passing off occurred ... provides an obvious correct venue
discussed Cited as authority (rule) Consuelo Kelly-Leppert v. Monsanto Company
E.D. Mo. · 2026 · confidence medium
The Eighth Circuit has held that, “by referring to ‘events or omissions giving rise to the claim,’ Congress meant to require courts to focus on relevant activities of the defendant, not of the plaintiff.” Woodke v. Dahm, 70 F.3d 983, 985 (8th Cir. 1995).
discussed Cited as authority (rule) Consuelo Kelly-Leppert v. Monsanto Company
W.D. Mo. · 2026 · confidence medium
The Eighth Circuit has held that, “by referring to ‘events or omissions giving rise to the claim,’ Congress meant to require courts to focus on relevant activities of the defendant, not of the plaintiff.” Woodke v. Dahm, 70 F.3d 983, 985 (8th Cir. 1995).
cited Cited as authority (rule) The Dutra Group v. National Labor Relations Board
E.D. Tex. · 2025 · confidence medium
Tex. 2000) (citing Woodke v. Dahm, 70 F.3d 983, 985-86 (8th Cir. 1995)); accord Munro v. U.S. Copyright Off., No. 621CV00666ADAJCM, 2022 WL 3566456 , at *2 (W.D.
discussed Cited as authority (rule) Berkley Insurance Company v. Demerath
D. Neb. · 2025 · confidence medium
The standard for venue is codified at 28 U.S.C. § 1391 (b)(2), which provides “a civil action may be brought in . . . a judicial district in which a substantial part of the events or omissions giving rise to the claim occurred.” § 1391(b)(2) recognizes “venue may be proper in any of a number of districts, provided only that a substantial part of the events giving rise to the claim occurred there.” Steen v. Murray, 770 F.3d 698, 702 (8th Cir. 2014) (quoting Woodke v. Dahm, 70 F.3d 983, 985 (8th Cir. 1995)).
discussed Cited as authority (rule) Grand Prairie Foods, Inc. v. Echo Lake Foods, Inc.
D.S.D. · 2024 · confidence medium
Moreover, the Eighth Circuit has stated that the “central purpose[] of statutory venue is to ensure that a defendant is not haled into a remote district having no real relationship to the dispute.” Woodke v. Dahm, 70 F.3d 983, 985 (8th Cir. 1995) (citation omitted).
discussed Cited as authority (rule) HONEST ABE ROOFING FRANCHISE, INC. v. LESJON HOLDINGS, LLC
S.D. Ind. · 2023 · confidence medium
See Uffner v. La Reunion Francaise, S.A., 244 F.3d 38 , 42-43 n.6 (1st Cir. 2001) (noting the First, Second, Third, and Sixth Circuits use a holistic standard); Woodke v. Dahm, 70 F.3d 983, 985 (8th Cir. 1995) (focusing on the conduct of the defendant).
discussed Cited as authority (rule) Soltura, LLC v. Cerveceria La Tropical USA, LLC
S.D. Cal. · 2023 · confidence medium
The 21 Jamba Juice court approved of the case Woodke v. Dahm, 70 F3d 983, 985 (8th Cir. 22 1995), which found that the central purpose of the venue statute is to protect defendants 23 from being haled into districts having no real relationship to the dispute and that the focus 24 is on the “relevant activities of the defendants, not of the plaintiff.” Thus, the place of 25 injury to the plaintiff is not central to this inquiry.
discussed Cited as authority (rule) Hofbruhaus of America. LLC v. Oak Tree Management Services, Inc.
D. Nev. · 2023 · confidence medium
Woodke 10 v. Dahm, 70 F.3d 983, 985 (8th Cir. 1995). 11 Taking Hofbräuhaus’s allegations as true, because the Brewpub is in 12 Illinois, any consumer confusion caused by Oak Tree’s infringing conduct 13 occurred and is occurring in Illinois, not Nevada.
cited Cited as authority (rule) The Resource Room SI, Inc. v. Borrero
E.D.N.C. · 2022 · confidence medium
Va. Mar. 29, 2019) (quoting Woodke v. Dahm, 70 F.3d 983, 985 (8th Cir. 1995)).
cited Cited as authority (rule) Turner v. ILG Technologies LLC
W.D. Mo. · 2022 · confidence medium
Mo. June 1, 2021). that a substantial part of the events giving rise to the claim occurred there.” Woodke v. Dahm, 70 F.3d 983, 985 (8th Cir. 1995).
examined Cited as authority (rule) Lehrer v. J&M Monitoring, Inc. (3×) also: Cited "see"
S.D.N.Y. · 2022 · confidence medium
Cir. 1996) (“Venue requirements exist for the benefit of defendants”); Woodke, 70 F.3d at 985 (8th Cir. 1995) (noting that “by referring to ‘events or omissions giving rise to the claim,’ Congress meant to require courts to focus on relevant activities of the defendant, not of the plaintiff”); Cottman Transmission, 36 F.3d at 294 (explaining that “the current statutory language still favors the defendant in a venue dispute [and] . . . is intended to preserve the element of fairness so that a defendant is not haled into a remote district having no real relationship to the dispute�…
examined Cited as authority (rule) Lehrer v. J&M Monitoring, Inc. (3×) also: Cited "see"
E.D. Ky. · 2022 · confidence medium
Cir. 1996) (“Venue requirements exist for the benefit of defendants”); Woodke, 70 F.3d at 985 (8th Cir. 1995) (noting that “by referring to ‘events or omissions giving rise to the claim,’ Congress meant to require courts to focus on relevant activities of the defendant, not of the plaintiff”); Cottman Transmission, 36 F.3d at 294 (explaining that “the current statutory language still favors the defendant in a venue dispute [and] . . . is intended to preserve the element of fairness so that a defendant is not haled into a remote district having no real relationship to the dispute�…
discussed Cited as authority (rule) Kesters Merchandising Display International, Inc. v. SurfaceQuest, Inc.
D. Kan. · 2022 · confidence medium
And while other events giving rise to KMDI’s claims occurred outside of Kansas, including the alleged passing off to which SQ refers, venue “is not limited to the district with the 62 70 F.3d 983 (8th Cir. 1995). 63 Id. at 985. most substantial events or omissions” and “can be appropriate in more than one district.”64 Because a substantial part of the events giving rise to KMDI’s claims occurred in Kansas, venue is proper here.65 Accordingly, the Court denies SQ’s motion to dismiss for lack of venue.
cited Cited as authority (rule) AARK RESTAURANT GROUP LLC v. UNITED STATES SMALL BUSINESS ADMINISTRATION
E.D. Pa. · 2022 · confidence medium
I must “focus on relevant activities of the defendant, not of the plaintiff.” Woodke v. Dahm, 70 F.3d 983, 985 (8th Cir. 1995).
discussed Cited as authority (rule) Steffen v. Vader Mountain Capital
D.S.D. · 2022 · confidence medium
“One of the central purposes of statutory venue is to ensure that a defendant is not haled into a remote district having no real relationship to the dispute.” Woodke v. Dahm, 70 F.3d 983, 985 (8th Cir. 1995) (cleaned up and citation omitted), Although personal jurisdiction is normally considered before venue, the court can switch the analysis “when there is a sound prudential justification for doing so.” Leroy v. Great W.
cited Cited as authority (rule) Hope v. Lunarlandowner.com, Inc.
E.D. Cal. · 2022 · confidence medium
Cal. 2009); Woodke v. Dahm, 21 70 F.3d 983, 985 (8th Cir. 1995)).
cited Cited as authority (rule) Meyer v. Meyer
D.S.D. · 2021 · confidence medium
Woodke v. Dahm, 70 F.3d 983, 985 (8th Cir. 1995) (quoting 28 U.S.C. § 1391 (b)(2)).
discussed Cited as authority (rule) Paragon Freight Systems, LLC v. River City Insurance Agency, Inc.
D. Minnesota · 2021 · confidence medium
One of the primary functions of statutory venue is to ensure that a defendant is not “haled into a remote district having no real relationship to the dispute.” Woodke v. Dahm, 70 F.3d 983, 985 (8th Cir. 1995) (quotation omitted).
discussed Cited as authority (rule) IOU Central, Inc. v. Shore Appliance Connection Inc.
N.D. Ga. · 2021 · confidence medium
Id. at 1371–72 (“[T]he statute protects defendants, and Congress therefore ‘meant to require courts to focus on relevant activities of the defendant, not of the plaintiff.’” (quoting Woodke v. Dahm, 70 F.3d 983, 985 (8th Cir. 1995))).
discussed Cited as authority (rule) Western Organization of Resource Councils v. United States Bureau of Land Management (2×) also: Cited "see"
D. Mont. · 2021 · confidence medium
WORC I, No. CV 16-21-GF- BMM, 2017 WL 374705 , at *4 (citing Woodke v. Dahm, 70 F.3d 983, 985 (8th Cir. 1995)).
discussed Cited as authority (rule) Golson v. General Motors LLC
W.D. Mo. · 2020 · confidence medium
Id. at 703-04 (citing Woodke v. Dahm, 70 F.3d 983, 985 (8th Cir.1995) (In a Lanham Trademark Act case, the location of the offending advertising and sales controlled for venue purposes, not the location where the harm was felt.)). 1 All references to Florida are to actions taken in the Southern District of Florida.
discussed Cited as authority (rule) Golson v. General Motors LLC
S.D. Fla. · 2020 · confidence medium
Id. at 703-04 (citing Woodke v. Dahm, 70 F.3d 983, 985 (8th Cir.1995) (In a Lanham Trademark Act case, the location of the offending advertising and sales controlled for venue purposes, not the location where the harm was felt.)). 1 All references to Florida are to actions taken in the Southern District of Florida.
discussed Cited as authority (rule) BBK Tobacco & Foods LLP v. Central Coast Agriculture Incorporated
D. Ariz. · 2020 · confidence medium
As a 15 result, “the place where the alleged passing off occurred… provides an obvious correct 16 venue.” Woodke v. Dahm, 70 F.3d 983, 985 (8th Cir. 1995). 17 In the instant matter, BBK alleges, and CCA does not dispute, that CCA made sales 18 of the allegedly infringing products to Arizona consumers.
discussed Cited as authority (rule) Larion v. Aircraft Service International, Inc.
N.D. Ohio · 2020 · confidence medium
“One of the central purposes of statutory venue is to ensure that a defendant is not ‘haled into a remote district, having no real relationship to the dispute.’” Woodke v. Dahm, 70 F.3d 983, 985 (8th Cir. 1995) (quoting Cottman Transmission Sys., Inc. v. Martino, 36 F.3d 291, 294 (3d Cir. 1994)).
cited Cited as authority (rule) Vape Guys, Inc. v. Vape Guys Distribution, Inc.
E.D. Va. · 2020 · confidence medium
Va. Mar. 29, 2019) (citing Woodke v. Dahm, 70 F.3d 983, 985 (8th Cir. 1995)).
cited Cited as authority (rule) DFW Aviation, LLC v. Mansfield Heliflight, Inc.
W.D. Tex. · 2019 · confidence medium
Stone Co., 185 F.3d 874 , 1999 WL 397409 , at *1 (10th Cir. 1999); Woodke v. Dahm, 70 F.3d 983, 985-86 (8th Cir. 1995); Bigham v. Envirocare of Utah, 123 F. Supp. 2d 1046, 1048 (S.D.
discussed Cited as authority (rule) dotStrategy, Co. v. Twitter Inc
N.D. Cal. · 2019 · confidence medium
With respect to § 1391(b)(2), “[t]he statute does not posit a single appropriate district for venue; venue may be proper in any of a number of districts, provided only that a substantial part of the events giving rise to the claim occurred there,” Woodke v. Dahm, 70 F.3d 983, 985 (8th Cir. 1995) (citing Setco Enters.
discussed Cited as authority (rule) Doshier v. Twitter Inc
E.D. Ark. · 2019 · confidence medium
With respect to § 1391(b)(2), “[t]he statute does not posit a single appropriate district for venue; venue may be proper in any of a number of districts, provided only that a substantial part of the events giving rise to the claim occurred there,” Woodke v. Dahm, 70 F.3d 983, 985 (8th Cir. 1995) (citing Setco Enters.
discussed Cited as authority (rule) DFW Aviation, LLC v. Mansfield Heliflight, Inc.
W.D. Tex. · 2019 · confidence medium
Sparks) (citing Goff v. Hackett Stone Co., 185 F.3d 874 , 1999 WL 397409 , at *1 (10th Cir. 1999); Woodke v. Dahm, 70 F.3d 983, 985-86 (8th Cir. 1995); Bigham v. Envirocare of Utah, 123 F. Supp. 2d 1046, 1048 (S.D.
discussed Cited as authority (rule) Security National Bank of Sioux City, IA, The v. Kant
N.D. Iowa · 2019 · confidence medium
In this case, the parties do not dispute SNB’s legitimate residency in Iowa or that the proceeds from the cattle sales are held in Iowa, but rather whether those proceeds are property at issue in this action “[V]enue may be proper in any number of districts.” Woodke v. Dahm, 70 F.3d 983, 985 (8th Cir. 1995).
cited Cited as authority (rule) Titsworth v. Anderson
W.D. Ark. · 2018 · confidence medium
Id. at *42 (citing Woodke v. Dahm, 70 F.3d 983, 985 (8th Cir. 1995)) (internal quotations omitted).
discussed Cited as authority (rule) Everest Indemnity Insurance Co. v. Ro
D. Minnesota · 2016 · confidence medium
In the Eighth Circuit, courts determining whether § 1391(b)(2) applies in a given case must “focus on relevant activities of the defendant, not of the plaintiff.” Woodke v. Dahm, 70 F.3d 983, 985 (8th Cir. 1995).
cited Cited as authority (rule) Federal Energy Regulatory Commission v. Barclays Bank PLC
E.D. Cal. · 2015 · confidence medium
In addition to other cases, e.g., Woodke v. Dahm, 70 F.3d 983, 985 (8th Cir.1995) (involving claims under the Lanham Act); W.
discussed Cited as authority (rule) Navajo Health Foundation-Sage Memorial Hospital, Inc. v. Burwell
D.N.M. · 2015 · confidence medium
He pointed out that, similarly, courts have held that “the locus of damage to a plaintiff has not been found to be the basis for setting venue.” 2006 WL 1488894 , at *3 (citing Woodke v. Dahm, 70 F.3d 983, 985 (8th Cir.1995)).
discussed Cited as authority (rule) Richard \Bud\" Steen v. Robert Murray" (2×) also: Cited "see"
8th Cir. · 2014 · confidence medium
Under § 1391(b)(2) as amended in 1990, “venue may be proper in any of a number of districts, provided only that a substantial part of the events giving rise to the claim occurred there.” Woodke v. Dahm, 70 F.3d 983, 985 (8th Cir.1995).
discussed Cited as authority (rule) Reilly v. Meffe
S.D. Ohio · 2014 · confidence medium
Here, the Defendants maintain that the Court “must focus on the activities of the defendant, not the plaintiff.” Def.’s Mot. to Dismiss at 19, doc. 8 (citing Woodke v. Dahm, 70 F.3d 983, 985 (8th Cir.1995) and Cottman Transmission Systems, Inc. v. Martino, 36 F.3d 291, 294 (3d Cir.1994)).
cited Cited as authority (rule) Jenkins ex rel. Miller-Jenkins v. Miller
D. Vt. · 2013 · confidence medium
Bd. of Emergency Med., 428 F.3d 408, 432 (2d Cir. 2005) (citing Woodke v. Dahm, 70 F.3d 983, 985 (8th Cir.1995)).
discussed Cited as authority (rule) Steen v. Murray
unknown court · 2013 · confidence medium
(Filing No. 34 at 5 (citing Woodke v. Dahm, 70 F.3d 983, 985-86 (8th Cir.1995).)) The court determined that each of Defendants’ alleged wrongful acts or omissions took place in Nebraska, and Plaintiffs failed to meet their burden of establishing venue in Iowa.
cited Cited as authority (rule) Sarah’s Hat Boxes v Patch Me Up
D.N.H. · 2013 · confidence medium
Dahm, 70 F.3d 983, 985 (8th Cir. 1995); Gary Scott Int'l, Inc. v .
discussed Cited as authority (rule) Marley v. JETSHARES ONLY, LLC
S.D. Fla. · 2011 · confidence medium
“A central purpose of the federal venue statute is to ensure that a defendant is not ‘hailed into a remote district having no real relationship to the dispute.’ ” Hemispherx Biopharma, Inc. v. MidSouth Capital, Inc., 669 F.Supp.2d 1353, 1357 (S.D.Fla. 2009) (citing Woodke v. Dahm, 70 F.3d 983, 985 (8th Cir.1995) (quoting Cottman Transmission Sys., Inc. v. Martino, 36 F.3d 291, 294 (3d Cir.1994))).
discussed Cited as authority (rule) MB Financial Bank, N.A. v. Walker
N.D. Ill. · 2010 · confidence medium
See 14D Wright, Miller & Cooper, § 3806.1 at 214-15 (“otherwise venue almost always would be proper at the place of the plaintiffs residence, an option that Congress explicitly removed with the 1990 amendments.... ”); Woodke v. Dahm, 70 F.3d 983, 985 (8th Cir.1995) (“we are reluctant to impute to Congress an intent to abandon altogether the protection of defendants as a relevant consideration in venue matters.
discussed Cited as authority (rule) Allstar Marketing Group, LLC v. Your Store Online, LLC
C.D. Cal. · 2009 · confidence medium
“In a trademark suit brought under the Lanham Act, a ‘substantial part’ of the events giving rise to the claims occur in any district where consumers are likely to be confused by the accused goods, ‘whether that occurs solely in one district or in many.’ ” Golden Scorpio, 596 F.Supp.2d at 1286 (quoting Cottman Transmission Sys. v. Martino, 36 F.3d 291, 295 (3d Cir.1994), and citing Woodke v. Dahm, 70 F.3d 983, 985 (8th Cir.1995) (“The place where the alleged passing off occurred ... provides an obvious correct venue”), and Vanity Fair Mills v. T.
discussed Cited as authority (rule) Savarese v. Allstate Insurance (2×)
W. Va. · 2008 · signal: cf. · confidence medium
Cf. Woodke v. Dahm, 70 F.3d 983, 986 (8th Cir.1995) (requiring that the event itself be “wrongful” in order to support venue).
cited Cited as authority (rule) Red Bull GmbH v. RLED, LLC
M.D.N.C. · 2007 · confidence medium
(Id.) A court has noted that the district where the passing off allegedly occurred “provides an obviously correct venue.” Woodke v. Dahm, 70 F.3d 983, 985 (8th Cir.1995).
Retrieving the full opinion text from the archive…
Jerry A. Woodke
v.
Patrick Dahm, Individually and D/B/A Cornbelt Manufacturing, Douglas Blass, Individually and D/B/A Cornbelt Manufacturing, Michael Depew, Individually and D/B/A Clark Trailer Sales, Inc.
95-1811.
Court of Appeals for the Eighth Circuit.
Nov 28, 1995.
70 F.3d 983
Cited by 25 opinions  |  Published

70 F.3d 983

37 U.S.P.Q.2d 1062

Jerry A. WOODKE, Appellant,
v.
Patrick DAHM, individually and d/b/a Cornbelt Manufacturing,
Douglas Blass, individually and d/b/a Cornbelt
Manufacturing, Michael DePew,
individually and d/b/a Clark
Trailer Sales, Inc.,
Appellees.

No. 95-1811.

United States Court of Appeals,
Eighth Circuit.

Submitted Oct. 20, 1995.
Decided Nov. 28, 1995.

Robert Lawrence Kohorst, argued, Harlan, Iowa, for appellant.

Jeffrey Allen Sar and Paul J. Yaneff, argued, Sioux City, Iowa, for Clark Trailer Sales and Michael Depew.

David P. Jennett, argued, Storm Lake, Iowa (Maurice B. Nieland and Dan Connell, on the brief), for Patrick Dahm and Douglas Blass.

Before RICHARD S. ARNOLD, Chief Judge, WOLLMAN and MORRIS SHEPPARD ARNOLD, Circuit Judges.

MORRIS SHEPPARD ARNOLD, Circuit Judge.

[*~983]1

The issue here is whether the Northern District of Iowa is a proper venue for this Lanham Act case. We conclude that it is not and therefore affirm the judgment of the district court[1] dismissing the case.

I.

2

Plaintiff Jerry Woodke, a resident of the Northern District of Iowa, designs and sells semi-trailers under the federally-registered trademark "Hawkeye Eagle." Mr. Woodke asserts that he is engaged in a joint venture with defendants Patrick Dahm, Douglas Blass, and Cornbelt Manufacturing to make trailers under the Hawkeye Eagle trademark. Defendant Clark Trailer Sales sold Mr. Woodke's trailers and defendant Michael DePew of Florida is an officer of Clark.

3

Mr. Woodke's complaint alleges a violation of the Lanham Act, 15 U.S.C. Sec. 1125, and contains various state-law claims as well. Section 1125 prohibits the use of false descriptions or false designations of origin in the advertising or selling of goods or services in commerce. Pioneer Hi-Bred Int'l v. Holden Foundation Seeds, Inc., 35 F.3d 1226, 1241 (8th Cir.1994). The complaint avers that defendants published an advertisement in the "Southeastern Truck Paper," which is not circulated in Iowa, featuring a photograph of a Hawkeye Eagle brand trailer, with Mr. Woodke's registered trademark obscured, identifying the trailer as a "43' Cornbelt Peanut Hopper." The complaint thus alleges what is called "reverse passing off," which is "the defendant's unauthorized removal of plaintiff's product's identifying marks before reselling the goods." Id.

4

The district court dismissed the case for improper venue after finding that the sole federal claim had an insubstantial connection with the forum. Woodke v. Dahm, 873 F.Supp. 179 (N.D.Iowa 1995).

II.

5

The Lanham Act has no special venue provision and thus the general venue statute is applicable. That statute provides that a federal-question case may be filed in a "judicial district in which a substantial part of the events or omissions giving rise to the claim occurred." 28 U.S.C. Sec. 1391(b)(2). The statute does not posit a single appropriate district for venue; venue may be proper in any of a number of districts, provided only that a substantial part of the events giving rise to the claim occurred there. See Setco Ents. Corp. v. Robbins, 19 F.3d 1278, 1281 (8th Cir.1994) (discussing similar provision in 28 U.S.C. Sec. 1391(a)(2)).

[*~984]6

The place where the alleged passing off occurred therefore provides an obviously correct venue. See, e.g., Cottman Transmission Sys., Inc. v. Martino, 36 F.3d 291, 294 (3d Cir.1994); Tefal, S.A. v. Products Int'l Co., 529 F.2d 495, 496 n. 1 (3d Cir.1976) (decided under prior venue rule); Vanity Fair Mills v. T. Eaton Co., 234 F.2d 633, 639 (2d Cir.), cert. denied, 352 U.S. 871, 77 S.Ct. 96, 1 L.Ed.2d 76 (1956) (same). Mr. Woodke, however, seems to have no evidence of any advertising or sales of the infringing advertisement in the Northern District of Iowa. He contends instead that venue lies in the district of his residency because that is the location of the ultimate effect of the passing off.

[*~985]7

While it is true that the Lanham Act requires a plaintiff who "believes that he or she is or is likely to be damaged" by defendant's conduct, 15 U.S.C. Sec. 1125(a)(1), we believe that accepting Mr. Woodke's argument would work a transformation of the venue statute that Congress could not have intended. One of the central purposes of statutory venue is to ensure that a defendant is not "haled into a remote district having no real relationship to the dispute." Cottman, 36 F.3d at 294. While the present venue statute was certainly intended to expand the number of venues available to a plaintiff, we are reluctant to impute to Congress an intent to abandon altogether the protection of defendants as a relevant consideration in venue matters. We think it far more likely that by referring to "events or omissions giving rise to the claim," Congress meant to require courts to focus on relevant activities of the defendant, not of the plaintiff. For one thing, it is not easy to know how a plaintiff's "omissions" could ever be relevant to whether a claim has arisen. For another, while damages or potential adverse economic effect are a necessary part of a Lanham Act claim, if Congress had wanted to lay venue where the plaintiff was residing when he was injured, it could have said so expressly. We therefore reject Mr. Woodke's argument that venue lies in the Northern District of Iowa simply because that was where he was residing when the passing off occurred.

8

Mr. Woodke fails, moreover, to adduce any other evidence that a substantial part of the events giving rise to his Lanham Act claim occurred in the forum that he chose. He does not claim that the trademarks were altered in the Northern District of Iowa. He asserts that Cornbelt manufactured all of the trailers involved in the Lanham Act claim in the forum, and that the Clark dealership agreement was executed in Iowa. These activities, however, have an insubstantial connection with the kinds of events that give rise to a claim. It is true that manufacturing the trailers was a necessary event, in a causal sense, to an attempt to pass them off, but we do not think that it is an event giving rise to Mr. Woodke's claim because it was not itself wrongful. Mr. Woodke also asserts in his brief that defendants conspired to violate the Lanham Act in the Northern District of Iowa. A conspiracy is, indeed, a wrongful act in itself; but we express no view on whether the locus of a conspiracy might provide venue, because it appears that Mr. Woodke produced no evidence of such a conspiracy in the court below. Mr. Woodke must therefore bring his suit in a different forum.

9

Finally, Mr. Woodke appears to suggest that the district court should have dismissed Mr. DePew in order to attain proper venue. While it does appear that Mr. DePew's absence as a defendant would render venue proper under 28 U.S.C. Sec. 1391(b)(1) and (c), because the remaining defendants reside in Iowa, there is no rule of which we are aware that requires a district court to dismiss particular defendants sua sponte in order to preserve venue in the absence of plaintiff's motion to dismiss such defendants. Mr. Woodke made no such motion.

III.

10

For the foregoing reasons, we affirm the judgment of the district court.

1

The Honorable Mark Bennett, United States District Judge for the Northern District of Iowa