Republic Techs. (NA), LLC v. BBK Tobacco & Foods, LLC d/b/a HBI Int’l., No. 16 C 3401, Slip Op. (N.D. Ill. Oct. 26, 2016) (Bucklo, J.).

Judge Bucklo denied defendant’s (“HBI”) motion to transfer to the District of Arizona in this trade dress and Lanham Act dispute.

Of particular note, the Court held as follows:

  • As an initial matter, HBI failed to do more than list the transfer factors in its opening brief, not explaining why they merit transfer until its reply brief. The Court, however, did not rule on that ground because the facts did not support transfer, even once the arguments were set out.
  • Plaintiff’s choice of forum warranted some deference, even though it initially only contained declaratory claims that mirrored HBI’s affirmative claims in the Arizona action, because plaintiff also brought affirmative claims.
  • The convenience of the witnesses and the location of discovery were neutral.
  • The fact that the alleged infringer was in Illinois weighed against transfer.