-TCB Corrosion Technology International, LLC v. Anticorrosives Industriales LTDA. et al, No. 1:2010cv00915 - Document 24 (E.D. Va. 2011)
Court Description: MEMORANDUM OPINION re 14 First MOTION to Dismiss for lack of jurisdiction. Signed by District Judge Anthony J Trenga on 8/19/2011. (rban, )
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IN THE UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF VIRGINIA Alexandria Division CORROSION TECHNOLOGY INTERNATIONAL, LLC Plaintiff, No. l:10-cv-915(AJT/TCB) ANTICORROSIVE INDUSTRIALES LTDA, et al., Defendants. MEMORANDUM OPINION This matter is before the Court on Defendants' Motion to Dismiss for Lack of Personal Jurisdiction Pursuant to Fed. R. Civ. P. 12(b)(2) and for Failure to State a Claim Pursuant to Fed. R. Civ. P. 12(b)(6). Doc. No. 14. Upon consideration of the memoranda and exhibits submitted by the parties, the arguments of counsel at the hearing held on June 17, 2011, and for the reasons stated below, the Court finds that Plaintiff Corrosion Technology International, LLC has not made a primafacie showing that this Court has personal jurisdiction over the Defendants, and this action may not proceed in this Court on the in personam claims. The Court finds, however, that it is in the interest ofjustice to transfer Plaintiff's in personam claims to the Western District of Pennsylvania pursuant 28 U.S.C. § 1406(a). The Court will therefore transfer this action to the Western District of Pennsylvania and proceed in this Court only on Plaintiffs in rem action under the Anticybersquatting Consumer Protection Act, 15 U.S.C. § 1125(d)(2) pertaining to the domain name "ctiancor.com."
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