Transfer denied where defendant's state of incorporation is Delaware
Pernod Ricard USA, LLC v. Bacardi U.S.A., Inc., No. 06-505-SLR, Dec. 19, 2006.
Robinson, J. Motion to transfer is denied.
Plaintiff alleged violation of Lanham Act by falsely describing the geographic origin of defendant’s Havana rum product and claiming it owned the Havana Club trademark in the United States. Defendant argued that transfer was warranted because Delaware has no connection to this litigation. No material events took place and no witnesses are located in Delaware. The sole connection to this forum is that Delaware is Bacardi’s state of incorporation. All witnesses reside in Florida, all consumers of the Havana Club product are in Florida, and Bacardi’s documents are in Florida. Pernod claimed it was entitled to litigate in its choice of forum, and Delaware is more convenient than Florida since its principal place of business is in New York. The Court found that defendant’s complaints are outweighed by the benefits Bacardi has enjoyed by being incorporated in Delaware, and this state has an interest in litigation regarding companies incorporated within its jurisdiction.
A copy of the full opinion is available here
