Home » Trademark » Trademark Case Transferred to Southern District of Florida

Trademark Case Transferred to Southern District of Florida

American Academy of Implant Dentristry v. American Dental Implant Association, 12-CV-2935, Slip Op. (N.D. Ill. Jan. 22, 2013)(Zagel)

Judge Zagel recited the 7th Circuit’s traditional test for determining whether a motion to transfer should be granted, in deciding to grant a motion to transfer to the Southern District of Florida.  In particular, Judge Zagel considered (1) the plaintiff’s choice of forum, (2) the situs of material events; (3) the relative ease of access to sources of proof; (4) the convenience of witnesses; and (5) the convenience of the parties.  Per the Court, “[t]he plaintiff’s choice of forum generally is given substantial weight when it is the district in which the plaintiff resides.”

In this case, the Defendant’s contacts with Illinois were tenuous at best, and the Court observed that personal jurisdiction over the Defendant would “by no means be assured.”  Based on this, the Court determined the factors merited transfer.


Leave a Reply

Fill in your details below or click an icon to log in:

WordPress.com Logo

You are commenting using your WordPress.com account. Log Out / Change )

Twitter picture

You are commenting using your Twitter account. Log Out / Change )

Facebook photo

You are commenting using your Facebook account. Log Out / Change )

Google+ photo

You are commenting using your Google+ account. Log Out / Change )

Connecting to %s

%d bloggers like this: