FPC CORP. v. Uniplast, Inc.

MEMORANDUM OPINION AND ORDER

BUCKLO, District Judge.

Plaintiff, FPC Corporation (“FPC”), initially filed suit in this district against defendant, Uniplast, Inc. (“Uniplast”). FPC now moves to transfer the case to the Northern District of Texas pursuant to 28 U.S.C. § 1404(a). For the reasons set forth below, FPC’s motion is denied.

Background

On November 27,1996, FPC filed a declaratory judgment action seeking a declaration that it did not engage in false advertising in violation of the Lanham Act, 15 U.S.C. § 1125(a). On December 5, 1996, Uniplast filed a mirror-image suit in the Northern…