Dolce & Gabbana Trademarks S.r.l. v. TXT Enterprises, Inc.

Filing 26

ORDER granting 15 Defendant's Alternative Motion to Transfer for Improper Venue. The Clerk is ORDERED to transfer this civil action to the Central District of California. Signed by Judge Susan J. Dlott on 3/9/16. (sct)

IN THE UNITED STATES DISTRICT COURT
FOR THE SOUTHERN DISTRICT OF OHIO
WESTERN DIVISION

DOLCE & GABBANA TRADEMARKS

Case No. l:14-cv-00855

S.R.L.,

Plaintiff,

Judge Susan J. Dlott
ORDER GRANTING

TXT ENTERPRISES,INC.

DEFENDANT'S ALTERNATIVE
MOTION TO TRANSFER FOR
IMPROPER VENUE

Defendant.

This matter is before the Court on Defendant's Motion to Dismiss for Lack ofPersonal
Jurisdiction and Improper Venue. (Doc. 15.) In the alternative. Defendant asks the Court to

transfer this civil action to the Central District ofCalifornia. {Id. at PagelD 68-70.) Plaintiffhas
filed a memorandum in opposition(Doc. 24),to which Defendant has replied(Doc. 25). For the
reasons that follow. Defendant's altemative motion to transfer will be GRANTED.
I.

BACKGROUND

Plaintiff Dolce & Gabbana Trademarks, S.r.l.("D&G")alleges that it is an Italian limited

liability company with its principal place ofbusiness in Milan,Italy. (Doc. 1 at H 2.) It asserts
that the trademarks and trademark registrations it owns represent and protect"one ofthe world's
most famous brands in the luxury fashion industry[]" and that these trademarks"have long been

used on clothing,jewelry, cosmetics, sunglasses and eyewear sold to and worn by consumers all
over the world." {Id. at ^ 1.) Plaintiffsues Defendant TXT Enterprises, Inc.("TXT")for
trademark infringement,trademark dilution, civil counterfeiting, and unfair competition.