Letters Blogatory

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

Posts tagged “Malta

Case of the Day: In re King.com

Posted on August 23, 2016

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…

+Read more

Case of the Day: Kowalski v. Anova Food, LLC

Posted on August 31, 2012

The case of the day is Kowalski v. Anova Food, LLC (D. Hawaii 2012). Kowalski and Hawaii International Seafood, Inc. sued Cleasrsmoke Technologies, Ltd., a Malta corporation. The plaintiffs first attempted service by email to Clearsmoke’s lawyer on the mainland, and then by personal delivery to Clearsmoke’s Hawaii lawyer. But in either case did Kowalski seek leave of court before attempting the service. The court entered Clearsmoke’s default at Kowalski’s request, and Clearsmoke sought to vacate the default (the court later vacated the default). Kowalski then moved for leave to serve process on Clearsmoke’s Hawaii counsel under FRCP 4(f)(3). The court correctly refused to retroactively “validate” Kowalski’s faulty attempts to serve process (I’ve written about this issue before). But the court also refused to…

+Read more