Scott Paper Co. v. Nice-Pak Products, Inc.

MEMORANDUM OPINION

LATCHUM, Senior District Judge.

This cause of action is for trademark infringement, trademark dilution and deceptive trade practices. The issue now before the Court is defendant’s pre-answer motion to dismiss or, in the alternative, transfer the cause of action to the United States District Court for the Southern District of New York under 28 U.S.C. § 1406(a). (Docket Item [“D.I.”] 9.) For reasons set forth below, the Court will deny defendant’s motion to dismiss but grant defendant’s motion to transfer under § 1406(a).

I. FACTS

The plaintiff, Scott Paper Company, manufactures…