The case of the day is In re King.com Ltd. (N.D. Cal. 2016). King, a Maltese company, is the developer of the Candy Crush video game. It owned the European Candy Crush trademark and related marks. It sued Storm8 Studios LLC and TeamLava LLC in the Civil Court of Malta, alleging that their Candy Blast Mania game infringed the Candy Crush mark. The Maltese court stayed the action pending EU Intellectual Property Office review of a challenge to the validity of the marks. King brought an application under § 1782 seeking leave to depose Perry Tam, Chak Ming Li, and William Siu, Storm8 and TeamLava executives, for use in the Maltese action (after the stay is lifted). At the ex parte stage, King argued that the Maltese action would necessarily continue whatever the outcome of the validity proceedings, because several of the marks at issue in the infringement lawsuit were not at issue in the validity proceeding; that the validity proceedings might take a decade to complete; and that discovery now was important because Malta imposes no obligation to preserve evidence and “Respondents had a history of changing corporate forms.” The court granted the application.
After the court granted the application, the Maltese court entered an order requiring preservation of documentary evidence but denying King’s request for discovery. The respondents then moved to quash the US subpoena. Continue reading Case of the Day: In re King.com→
The case of the day is Commissions Import Export S.A. v. Republic of the Congo (D. Utah 2016). The Congolese government failed to pay Commissions on public works and materials contracts in the 1980s. An arbitral tribunal issued an award in favor of Commissions, and Commissions obtained recognition of the award in England in 2009. Commissions then brought an action in New York, which was transferred to the District of Columbia, seeking recognition and enforcement of the English judgment. That action resulted in a default judgment for approximately $630 million. Commission then registered the judgment in the District of Utah and served a subpoena on the Bank of Utah calling for information about its “role as owner trustee and security trustee” for a Boeing 787-8 Dreamliner. Continue reading Case of the Cay Commissions Import Export v. Congo→