OPINION AND ORDER In this action for declaratory judgment, Plaintiffs Paysafe Holdings UK Limited and Paysafecard.com Wertkarten GMBH (Paysafe Holdings’ wholly owned subsidiary) sue Defendants Accruit, LLC, and Paysafe Acquisition, LLC (Accruit’s wholly owned subsidiary). Doc. 1. The gravamen of the action concerns a dispute over rights in the “PAYSAFE” trademark. Before the Court is Defendants’ motion 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 or, in the alternative, to transfer the action to the United States District Court for the District of Colorado pursuant to 28 U.S.C. §1404(a). For the reasons explained below, the motion is GRANTED.I. BACKGROUND1A. Factual BackgroundPlaintiff Paysafe Holdings is a United Kingdom limited liability company with its principal place of business in London. Doc. 303. Paysafe Holdings sells, markets, and offers payment-processing goods and services throughout the United States using the PAYSAFE trademark, among other marks. Id. Plaintiff Paysafecard.com — Paysafe Holdings’ subsidiary — is an Austrian company with its principal place of business also in Austria. Id.4.Plaintiffs are owned by Paysafe Group. Doc. 691. Paysafe Group also owns a subsidiary that maintains an office in this District — namely, Paysafecard.com USA Inc. — although the subsidiary currently does not have employees residing in this District. Id.
1-3. Paysafe Group uses the subsidiary to sell, market, and offer its payment-processing services in the United States under the “PAYSAFECARD” trademark, among other marks. Doc. 304.Defendant Accruit is a Delaware limited liability corporation with its principal place of business in Denver, Colorado. Doc. 623. Accruit does not maintain an office in New York. Id.3. Defendant Paysafe Acquisition — Accruit’s wholly owned subsidiary — is also a Delaware limited liability company based in Denver. Id.
