Corrosion Technology International, LLC v. Anticorrosives Industriales LTDA. et al

Filing 24

MEMORANDUM OPINION re 14 First MOTION to Dismiss for lack of jurisdiction. Signed by District Judge Anthony J Trenga on 8/19/2011. (rban, )

IN THE UNITED STATES DISTRICT COURT
FOR THE EASTERN DISTRICT OF VIRGINIA
Alexandria Division

CORROSION TECHNOLOGY

INTERNATIONAL, LLC
Plaintiff,

No. l:10-cv-915(AJT/TCB)
ANTICORROSIVE

INDUSTRIALES LTDA, et al.,
Defendants.

MEMORANDUM OPINION

This matter is before the Court on Defendants' Motion to Dismiss for Lack of Personal

Jurisdiction Pursuant to Fed. R. Civ. P. 12(b)(2) and for Failure to State a Claim Pursuant to Fed.

R. Civ. P. 12(b)(6). Doc. No. 14. Upon consideration of the memoranda and exhibits submitted

by the parties, the arguments of counsel at the hearing held on June 17, 2011, and for the reasons
stated below, the Court finds that Plaintiff Corrosion Technology International, LLC has not

made a primafacie showing that this Court has personal jurisdiction over the Defendants, and
this action may not proceed in this Court on the in personam claims. The Court finds, however,
that it is in the interest ofjustice to transfer Plaintiff's in personam claims to the Western District
of Pennsylvania pursuant 28 U.S.C. § 1406(a). The Court will therefore transfer this action to
the Western District of Pennsylvania and proceed in this Court only on Plaintiffs in rem action

under the Anticybersquatting Consumer Protection Act, 15 U.S.C. § 1125(d)(2) pertaining to the
domain name "ctiancor.com."