Law.com Subscribers SAVE 30%
Call 855-808-4530 or email [email protected] to receive your discount on a new subscription.
TTAB Proceeding
In a proceeding before the Trademark Trial and Appeal Board ('TTAB'), if your adversary is a foreign entity with no employees in the United States, can you compel an oral deposition of the entity in this country? 'No,' says the TTAB, through its Manual of Procedure ('TBMP'). 'Yes,' says the Fourth Circuit, relying on '24 of the Patent Act, 35 U.S.C. '24 in Rosenruist-Gestao E Servicos LDA v. Virgin Enterprises Ltd., 511 F.3d 437 (4th Cir. 2007).
Virgin Enterprises ('VE'), a United Kingdom company, opposed a trademark application by Rosenruist-Gestao, a Port- uguese company ('RG'), for the mark VIRGIN GORDA for various clothing and travel accessories. RG had not used its mark in the United States, had no place of business in the United States, no employees or agents resident in the United States, and owned no U.S. property ' in fact, it
had none of the 'contacts' traditionally necessary for personal jurisdiction. RG had, however, filed a U.S. trademark application and had appointed a U.S. lawyer as its domestic representative, as encouraged by 15 U.S.C. '1051(e). The authorization empowered the attorney to prosecute the application and also to act as RG's designee 'upon whom notices or process in proceedings affecting this mark may be served.'
This premium content is locked for Entertainment Law & Finance subscribers only
ENJOY UNLIMITED ACCESS TO THE SINGLE SOURCE OF OBJECTIVE LEGAL ANALYSIS, PRACTICAL INSIGHTS, AND NEWS IN ENTERTAINMENT LAW.
- Stay current on the latest information, rulings, regulations, and trends
- Includes practical, must-have information on copyrights, royalties, AI, and more
- Tap into expert guidance from top entertainment lawyers and experts
Already a have an account? Sign In Now Log In Now
For enterprise-wide or corporate acess, please contact Customer Service at [email protected] or 877-256-2473
Bankruptcy Sales: Finding a Diamond In the Rough
There is no efficient market for the sale of bankruptcy assets. Inefficient markets yield a transactional drag, potentially dampening the ability of debtors and trustees to maximize value for creditors. This article identifies ways in which investors may more easily discover bankruptcy asset sales.
Judge Rules Shaquille O'Neal Will Face Securities Lawsuit for Promotion, Sale of NFTs
A federal district court in Miami, FL, has ruled that former National Basketball Association star Shaquille O'Neal will have to face a lawsuit over his promotion of unregistered securities in the form of cryptocurrency tokens and that he was a "seller" of these unregistered securities.
Blockchain Domains: New Developments for Brand Owners
Blockchain domain names offer decentralized alternatives to traditional DNS-based domain names, promising enhanced security, privacy and censorship resistance. However, these benefits come with significant challenges, particularly for brand owners seeking to protect their trademarks in these new digital spaces.
Why So Many Great Lawyers Stink at Business Development and What Law Firms Are Doing About It
Why is it that those who are best skilled at advocating for others are ill-equipped at advocating for their own skills and what to do about it?
A Lawyer's System for Active Reading
Active reading comprises many daily tasks lawyers engage in, including highlighting, annotating, note taking, comparing and searching texts. It demands more than flipping or turning pages.