The case of the day is EFG Bank AG, Cayman Branch v. AXA Equitable Life Insurance Co. (S.D.N.Y. 2018). The judge had previously denied a motion by EFG, a Swiss bank, for a protective order that would have required AXA to seek discovery of information located in Switzerland via the Hague Evidence Convention. EFG sought reconsideration.
The case of the day is Republic Technologies (NA), LLC v. BBK Tobacco & Foods (N.D. Ill. 2017). Republic sued HBI International for a declaration that HBI had no rights in the RAW trademark or the trade dress for the packaging of its RAW rolling paper, and that Republic’s “Organic Hemp” OCB brand rolling paper did not infringe HBI’s trademarks or copyrights. HBI moved to compel Republic to produce documents held by a Republic subsidiary in France (the precise relationship was unclear, but Republic, directly or indirectly, owned 100% of the French affiliate) relating to Republic’s design and packaging of the OCB products. Republic refused to produce the documents, citing the French blocking statute.
Tagged: blocking statute, France
The case of the day is Microsoft Corp. v. Weidmann Electrical Technology, Inc. (D. Vt. 2016). Weidmann was a Vermont corporation with offices in St. Johnsbury. Its corporate parent was WICOR Holding AG, a Swiss company that, with its subsidiaries, is a multi-national manufacturer of medical equipment. Weidmann had a licensing agreement with Microsoft that allowed it to use multiple copies of Microsoft software and to report the number of copies in use to Microsoft. The number reported would be the basis for the royalties due under the license. The agreement gave Microsoft the right to verify compliance at its own expense using a third-party accountant. Weidmann was required to “promptly provide the accountant with any information it reasonably requests in furtherance of the…