Home -> Law Blog Directory -> Intellectual Property Law Blogs -> The TTABlog

Intellectual Property Law

: The TTABlog

Fourth Circuit Rules that Foreign Company Must Appear in the USA for TTAB Testimony Pursuant to E.D.Va. Subpoena

By John L. Welch

In a surprising and dubious decision, a divided panel of the U.S Court of Appeals for the Fourth Circuit has ruled that a foreign corporation must obey a subpoena issued by the U.S. District Court for the Eastern District of Virginia, pursuant to a Rule 30(b)(6) notice in a TTAB proceeding, and must appear in Virginia to give trial testimony. Rosenruist-Gestao E Servicos LDA v. Virgin Enterprises Ltd., Appeal No. 06-1588 (4th Cir., December 27, 2007).The procedural posture of the case is, to say the least, rather complicated. Applicant Rosenruist, a Portuguese corporation, filed an ITU application to register the mark VIRGIN GORDA for bags, umbrellas, and clothing. Virgin Enterprises opposed on Section 2(d) grounds. When its testimony period rolled around, Virgin sought to take Rosenruist's testimony under Rule 30(b)(6), but Rosenruist refused to appear voluntarily in the USA, Virgin filed a motion to compel, seeking a deposition of Rosenruist in Portugal...continue to full post

Full post as published by The TTABlog on January 02, 2008 (boomark / email).