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Trademark Law

: Las Vegas Trademark Attorney

Fourth Circuit Rules that District Court can compel Rule 30(b)(6) subpoena of foreign corporation

By Ryan Gile

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Filewrapper.com and John Welch?s The TTABlog both have good postings on the Fourth Circuit?s decision last week that a foreign corporation can be compelled to answer a Rule 30(b)(6) deposition subpoena arising out of a TTAB opposition issued pursuant to 35 U.S.C. §24. See Rosenruist-Gestao E Servicos LDA v. Virgin Enterprises Ltd., Appeal No. 06-1588 (4th Cir., December 27, 2007). A copy of the decision can be downloaded here.

John Welch, who described the decision as ?surprising and dubious,? commented:

Wow! This case begs for en [sic] en banc hearing. It is difficult to believe that a foreign corporation can be forced by a federal court subpoena to appear for a deposition in the United States just because it filed a trademark application. I don't think Section 24 allows it, nor do I think that a federal court has the power.

Full post as published by Las Vegas Trademark Attorney on January 02, 2008 (boomark / email).

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