Barton Southern Co., Inc. v. Manhole Barrier Systems, Inc.

ORDER

HUNT, District Judge.

Before the Court in this trademark infringement action is Defendant Manhole Barrier Systems, Inc.’s motion to dismiss [3-1] or transfer [3-2],

BACKGROUND 1

Plaintiff Barton Southern Company, Inc. (“Barton Southern”) is a Georgia-based business that sells manhole security devices which secure entrances to manholes and deter passage of contaminates into manholes. In connection with that business, Barton Southern owns of the trademarks LOCKDOWN-LOCKDRY, LOCK-DOWN, and LOCKDRY.

Defendant Manhole Barrier Systems, Inc. (“MBS”) is also in the business of distributing…