Bellafiore

ORDER GRANTING DEFENDANT’S MOTION TO TRANSFER OR DISMISS

Re: Docket No.

I. INTRODUCTION

Defendant T.J. Bellafiore, an individual, brings a Motion to Dismiss for Lack of *1180 Venue, or, in the Alternative, to Transfer Venue (“Motion”) in this trademark infringement action, asserting that venue in this District is improper and that the action should have been brought in the Central District of California. The parties have consented to the jurisdiction of the undersigned United States Magistrate Judge pursuant to 28 U.S.C. § 686 (c). For the reasons stated below, the Motion is GRANTED and the action is transferred to the Central District of California.

II. BACKGROUND

A. Complaint

Plaintiff Kaia Foods, Inc. (“Kaia”) is based in Oakland, California. Complaint ¶4. Kaia and its predecessor-in-interest, Alive & Radiant Foods, “produce and sell healthy, organic snacks, including air-dried, organic vegetable chips.” Id. ¶ 6 . Plaintiff contends it holds a common-law trademark for KALE IN A KRUNCH and KALE KRUNCH, which it refers to collectively as the “KALE KRUNCH trademark.” Plaintiffs Opposition to Defendant’s Motion to Dismiss (“Opposition”) at 2. In particular, Plaintiff…