Millennium Products, Inc. v. Gravity Boarding Co.

MEMORANDUM OPINION AND ORDER

KENNELLY, District Judge.

In this action, plaintiff Millennium Products Inc. seeks a declaratory judgment that it is not infringing U.S. Trademark Reg. No. 2,210,295, held by defendant Gravity Boarding Co. Gravity has moved to dismiss the complaint on the grounds that it does not present an “actual controversy” within the meaning of the declaratory judgment statute, 28 U.S.C. § 2201, and because venue is lacking in this District. Alternatively, Gravity seeks transfer of this action to the Southern District of California pursuant to 28 U.S.C. § 1404(a). For the…