Capital One Financial Corp. v. Drive Financial Services, LP

MEMORANDUM ORDER

LEE, District Judge.

THIS MATTER is before the Court on Defendants Drive Financial Services, LP, and Drive Trademark Holdings, LP’s (hereinafter collectively “Drive”) Motion to Dismiss, or, in the Alternative, Motion to Transfer Venue. This case is a Declaratory Judgment action where Plaintiff Capital One Financial Corporation (hereinafter “Capital One”) asks the Court to declare that Capital One’s use of the trademark “DriveOne” (1) does not constitute trademark infringement under the Lanham Act, (2) does not constitute trademark dilution under the Lanham Act, and (3) does not…