Letters Blogatory

The Blog of International Judicial Assistance | By Ted Folkman of Folkman LLC

Posts tagged “Germany

Case of the Day: Germany v. Philipp

Posted on February 4, 2021

The case of the day is Federal Republic of Germany v. Philipp (S. Ct. 2021). This is the case of the Welfenschatz, the Guelph treasure said to have been stolen by the Nazis from its Jewish owners. The claim was that Hermann Göring, one of Hitler’s most powerful ministers, had coerced the Jewish owners of the treasure to sell it for a fraction of its value to the Prussian government in the early 1930s. The heirs of the rightful owners and the government had agreed to conciliate the claim before the German Advisory Commission for the Return of Cultural Property Seized as a Result of Nazi Persecution, Especially Jewish Property. The Commission found that the sale by the Jewish owners had not been coerced.…

+Read more

Case of the Day: Republic Technologies v. BBK Tobacco

Posted on January 20, 2020

The case of the day is Republic Technologies (NA), LLC v. BBK Tobacco & Foods, LLP (N.D. Ill. 2020). The case was “a trademark battle over the packaging and advertising for organic hemp cigarette rolling papers.” It’s pretty common in intellectual property cases to have parallel proceedings pending in the United States and elsewhere, and that was so here: there was a parallel case in Germany. The defendant, HBI, brought a § 1782 application as a motion in the US case rather than as a stand-alone application. It sought discovery of material that had already been produced in the US discovery but that was subject to a protective order and could not, therefore, be used in the German case.

+Read more