TRANSFER OF VIRGINIA COMPANY'S TRADEMARK ACTION FROM VIRGINIA TO PUERTO RICO WAS NOT WARRANTED

摘要

The transfer of a Virginia company's trademark action against two Puerto Rico companies from Virginia to Puerto Rico was not warranted. The defendants only sold the mark in Puerto Rico, and had filed a nearly identical suit in Puerto Rico. However, the plaintiff filed its action first. The central question was the trademark's ownership, and the plaintiff would be relying almost entirely on documents and witnesses located in Virginia to establish ownership. See Smithfield Packing Co., Inc. v. V. Suarez & Co., Inc., 2012 WL 879251 (E.D. Va. 2012).