In a recent article published by the American Bar Association, Knobbe Martens partner Marko Zoretic discusses how practitioners can employ substituted service under the Lanham Act in trademark litigation.
Zoretic discusses the potential advantages of substituted service under Section 1051(e) in the Lanham Act, which stipulates that foreign trademark applicants may designate “a person resident in the United States on whom may be served notices of process in a proceeding affecting the mark.” The Ninth Circuit has held that, this mode of substituted service applies to both administrative proceedings before the U.S. Patent and Trademark Office and court proceedings, he explains.
Zoretic notes that a significant advantage of Section 1051(e) is that it allows plaintiffs to circumvent the Hague Convention, which can often increase the cost and duration of litigation. To this end, he concludes, substituted service “offers a practical pathway for serving foreign defendants in trademark litigation where it can be shown that the action affects the defendant’s mark.”
Read the full article here [subscription required].
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