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Zimmer Enterprises, Inc. v. Atlandia Imports, Inc.
3:06-cv-038, 2007 WL 743800, S.D. Ohio, 03/13/2007
Holding
Venue of declaratory judgment action is proper in Ohio, so motion to dismiss is denied, but transfer to Colorado is appropriate.
Detailed Summary
Plaintiff filed a declaratory judgment action In Ohio in response to a cease and desist letter from the defendant, a clothing manufacturer. After plaintiff filed the initial complaint, but before filing the amended complaint, defendant filed its complaint in district court in Colorado, alleging infringement. Though the action was properly venued in Ohio and the Ohio action was filed first, transfer to Colorado was warranted. The court first noted that in a declaratory judgment action, the plaintiff’s choice of venue deserves no deference. Next, examining a number of factors, the court held that they were all either neutral or favored transfer to Colorado. Most importantly, 2 key witnesses, former employees of defendant, both Colorado residents, could not be compelled to testify in Ohio but would be available for process in Colorado. In addition, plaintiff had argued that time was of the essence and the District of Colorado disposes of filed suits faster than in Ohio. Thus, fairness and practicality strongly favored venue in the District of Colorado.
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Companies Mentioned
Trademark Law
The following companies are mentioned in Trademark Law Updates:
Houndstooth Corp.
Harringbone Creative Services, Inc.
Mars, Inc.
Chute Gerdeman, Inc.
Tiffany (NJ) Inc.
Tiffany & Co.
eBay, Inc.
NTU Electronics, Inc.
Midway Services, Inc.
MDCO, Inc.
Custom Manufacturing and Engineering, Inc.
Automated Engineering Corp.
Woofies, LLC d.b.a. Woofie’s Pet Boutique
Louis Vuitton Malletier S.A.
International Trademark Association
Haute Diggity Dog, LLC
JA Apparel Corp.
WMS Gaming, Inc.
WPC Productions Ltd.
PartyGaming PLC
Talisker Corp.
Talisker Deer Valley Corp.
Prime West Jordanelle, LLC
Prime West Jordanelle II, LLC
Monster Cable Products, Inc.
Tabacalera Popular Cubana, Inc.
Audiovox Corp.
Max Rohr, Inc.
Cuban Cigar Brands, N.V.
Nasalok Coating Corp.
Qualcomm Inc.
Nylok Corp.
Broadcom Corp.
Future Lawn, Inc.
Schussler Creative, Inc.
Maumee Bay Landscape Contractors, LLC
Able Time, Inc.
Axiom Worldwide, Inc.
Manheim Auctions, Inc.
North American Medical Corp.
Auction Management Solutions, Inc.
Adagen Medical International, Inc.
Pfizer Inc.
Utah Lighthouse Ministry
JetAngel.com
Discovery Computing, Inc.
Princess Paper, Inc.
Foundation for Apologetic Information & Research
Sysco Corp.
General Conference of Seventh-day Adventists
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