Wednesday, January 2, 2008

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

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