BNSF Railway Company v. Float Alaska IP, LLC

UNITED STATES DISTRICT COURT

FOR THE NORTHERN DISTRICT OF TEXAS

FORT WORTH DIVISION

BNSF RAILWAY COMPANY,

Plaintiff,

v. No. 4:22-cv-0950-P

FLOAT ALASKA IP, LLC,

Defendant.

MEMORANDUM OPINION AND ORDER

Before the Court is Defendant’s Motion to Dismiss for Lack of Personal Jurisdiction Under Federal Rule of Civil Procedure 12(b)(2) (“Motion”). ECF No. 13. For the reasons stated below, the Court DENIES the Motion. However, in the interest of justice, the Court TRANSFERS this case to the United States District Court for the Central District of California.

FACTUAL AND PROCEDURAL BACKGROUND

This suit arises out of the Parties’ competing uses of the “Northern Pacific” trademarks in their respective industries. Plaintiff BNSF Railway Company (“BNSF”) is one of the largest railroads in North America and covers an extensive portion of the western United States. ECF No. at 2–3. In providing its railway-transportation services, BNSF and its predecessors have been associated with the Northern Pacific marks as early as 1893. Id. at 4.1 Defendant Float Alaska IP, LLC (“Float Alaska”) provides chartered…