Pharmavite LLC v. Netbus Inc

IN THE UNITED STATES DISTRICT COURT

FOR THE DISTRICT OF SOUTH CAROLINA

ROCK HILL DIVISION

Pharmavite LLC, ) Civil Action No.: 0:21-cv-00361-JMC ) Plaintiff, ) v. ) ) ORDER AND OPINION Netbus Inc., ) ) Defendant. ) ___________________________________ )

Plaintiff Pharmavite LLC (“Pharmavite”) filed the instant action against Defendant Netbus Inc. (“Netbus”) seeking damages for trademark infringement, unfair competition, dilution, cybersquatting, unfair and deceptive trade practices, and unjust enrichment. (See ECF No. 1 at 9 ⁋ 43–16 ⁋ 93.) This matter is before the court on Netbus’ Motion to Dismiss for Improper Venue, or Alternatively, to Transfer (“Motion to Dismiss or Transfer”). (ECF No. 8.) Specifically, Netbus moves the court to dismiss the action for improper venue pursuant to Rule 12(b)(3) of the Federal Rules of Civil Procedure and 28 U.S.C. § 1406(a) or requests that it transfer the matter to the United States District Court for the Central District of California under 28 U.S.C. § 1404(a) or 28 U.S.C. § 1406(a). (ECF No. 8 at 1.) Pharmavite opposes Netbus’ Motion to Dismiss or…