Brush Creek Trading v. Zoes

Citation: Brush Creek Trading Co. v. Zoes, 2006 WL 1169577 (W.D. Tex. Apr. 13, 2006).

Factual Background
Plaintiff operated a business selling western decorative accessories for homes and businesses under the mark BRUSH CREEK TRADING. Defendant operated a business named Twelve Gauge Home Accents that created knockoffs of plaintiff's products. Defendant registered the domain name "brushcreektrading.com" and used it to divert users to his website at "twelvegauge.com," where customers could purchase knockoffs of plaintiff's products.

Trial Court Proceedings
Plaintiff filed suit under the ACPA. In this decision, defendant moved to dismiss for improper venue. The court applied 28 U.S.C. §1391 and held that because consumers in the Western District of Texas could access defendant's interactive website, and because consumers in that district actually experienced confusion as a result of defendant's actions, a substantial part of the events giving rise to the claim occurred in the Western District of Texas. The court thus denied defendant's motion to dismiss for improper venue.

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