9th U.S. Circuit Court of Appeals,
Appellate Practice,
Law Practice
Jan. 9, 2023
Alternative method of service allowed on foreign defendants
Under a recent Ninth Circuit Court of Appeals decision, a plaintiff suing a foreign-domiciled defendant for Lanham Act violations may properly serve the defendant by providing papers to the United States Patent and Trademark Office under 15 U.S.C. 1051(e), instead of service methods under the Hague Convention.
Josh Eichenstein
Founder
Eichenstein Law Firm P.C.
Email: Joshua@EichIPLaw.com
Southwestern Univ SOL; Los Angeles CA
Josh is a Los Angeles-based intellectual property attorney specializing in copyright, trademark, patent, and trade secret litigation. He was rated as one of Super Lawyers' Rising Stars in the field of Intellectual Property Litigation for the Southern California region from 2017 to 2023.
The Ninth Circuit Court of Appeals ruled in San Antonio Winery, Inc. v. Jiaxing Micarose Trade Co., LTD., 53 F.4th 1136 (9th Cir. 2022) that a plaintiff suing a foreign-domiciled defendant for Lanham Act violations, may properly serve the defendant with a civil lawsuit by serving papers to the United States Patent and Trademark Office under 15 U.S.C. 1051(e), instead of procedures outlined in the Hague Convention. Specifically, the Court held that 15 U.S.C. 10...
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