Cardwell v. Investor's Analysis, Inc.

MEMORANDUM

GASCH, District Judge:

This is a trademark case concerning use of the phrase “The Astute Investor” as the title of a financial newsletter. Plaintiff seeks trial de novo of issues previously raised before the U.S. Trademark Trial and Appeal Board. Defendant has moved to dismiss the case for lack of jurisdiction and venue; plaintiff has responded by moving in the alternative to transfer the case under 28 U.S.C. § 1406(a). For reasons discussed below, the Court concludes that it lacks jurisdiction and venue and orders the case transferred to the U.S. District Court for the Eastern…