Trademark Law Briefs

Rare Breed Distilling v. Heaven Hill Distilleries, 2010 U.S. Dist. LEXIS (N.D. Cal., 2010)

Plaintiff and Defendant both produce bourbon-based honey liqueurs that form the basis of a trademark infringement suit.  Although both companies are headquartered out of Kentucky, Plaintiff’s IP issues are handled by a distributor based out of San Francisco.  As a result, Plaintiff brought suit in the Northern District of California.  Defendant requested transfer of venue under 28 USC 1404(a).  The court declined to transfer because, on balance, the inconvenience to witnesses (etc.) did not outweight Plaintiff’s choice of forum.

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