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Alpha Industries Inc. v. Alpha Clothing Co. LLC

Infringement Suit Is Transferred to District of Kansas, the Locus of Operative Facts

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District Judge Katherine Polk Failla1 OPINION AND ORDER Plaintiff Alpha Industries, Inc. filed this action against Defendants Alpha Clothing Co. LLC (“Alpha Clothing”) and Ryan “Tanner” Mueller (collectively, “Defendants”), asserting claims of trademark infringement, unfair competition and false designation of origin, and trademark dilution in violation of Sections 32, 43(a), and 43(c) of the Lanham Act, 15 U.S.C. §§1114, 1125(a), 1125(c), as well as claims of trademark infringement, unfair competition, and willful misappropriation in violation of the common law of the State of New York and other states where Alpha Clothing has sold allegedly infringing apparel. Defendants have responded by moving to transfer this action to the United States District Court for the District of Kansas. For the reasons set forth in this Opinion, Defendants’ motion is granted, and the Court transfers this case to the District of Kansas. BACKGROUND2 A. Factual Background Plaintiff Alpha Industries, Inc., a Tennessee corporation headquartered in Virginia, owns the rights to a number of federally registered trademarks and service marks that include the terms “Alpha” and “Alpha Industries.” (Compl.

1, 8-9). Plaintiff also retains common law rights in these marks for use in connection with apparel, bags, and other products. (Id. at 10). Plaintiff’s registered and common law trademarks are collectively referred to as the “ALPHA Marks.” (Id.). For more than 60 years, Plaintiff and its predecessors in interest, associated companies, and authorized licensees have sold “high quality military-inspired and sport casual apparel and other products” bearing the ALPHA Marks. (Id. at 11). Plaintiff’s promotions and advertisements for its products prominently feature the ALPHA Marks. (Id. at 14). Defendant Alpha Clothing, an online-only retailer of fitness apparel, is both incorporated and headquartered in Kansas. (Mueller Decl.

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