STX, Inc. v. Trik Stik, Inc.

ORDER

PECKHAM, Chief Judge.

I. INTRODUCTION

Three motions are formally before this court. First, defendant moves to transfer the venue of this action to the Southern District of Florida. The remaining two concern the substantive merits of plaintiffs claims: plaintiffs motion for a preliminary injunction and defendant’s motion for dismissal due to failure to state a claim. 1

II. BACKGROUND

This action concerns kneepads used by skateboarders. 2 The plaintiff contends that defendant appropriated the appearance of its product. It seeks injunctive relief and damages for defendant’s alleged violation of…