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CAPITAL ONE FINANCIAL v. DRIVE FINANCIAL SERVICES

No. CIV.A.1:06-279.

434 F.Supp.2d 367 (2006)

CAPITAL ONE FINANCIAL CORPORATION, Plaintiff, v. DRIVE FINANCIAL SERVICES, LP, and Drive Trademark Holdings, LP Defendants.

United States District Court, E.D. Virginia, Alexandria Division.

May 12, 2006.

Attorney(s) appearing for the Case

Monica R. Talley, Esqure, Mark Sommers, Esquire, Douglas Rettew, Esquire, Finnegan Henderson Farabow Garrett & Dunner, Washington, DC, for Plaintiff's Attorneys.

Eric Weisbatt, Esquire, Buchanan Ingersoll, Alexandria, Donald E. Goodwin, Esquire, Monte M. Bond, Esquire, Godwin, Pappas, Langley and Ronquillo, Dallas, TX, for Defense Attorneys.

MEMORANDUM ORDER

LEE, District Judge.

THIS MATTER is before the Court on Defendants Drive Financial Services, LP, and Drive Trademark Holdings, LP's (hereinafter collectively "Drive") Motion to Dismiss, or, in the Alternative, Motion to Transfer Venue. This case is a Declaratory Judgment action where Plaintiff Capital One Financial Corporation (hereinafter "Capital One") asks the Court to declare that Capital One's use of the trademark "DriveOne"...

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