Australian construction management firm, Buildxact Software Ltd., recently managed to thwart a subpoena from US company Xactware Solutions Inc., in their ongoing trademark dispute. A federal appeals court ruled that the district court did not possess the necessary authority to issue the subpoena. According to a report by Bloomberg Law, this current phase of the dispute began when Xactware took issue with Buildxact’s application to register a trademark for its name with the Trademark Trial and Appeal Board (TTAB).
In response, Xactware filed a subpoena, seeking an in-person deposition of Buildxact’s corporate representatives. However, according to the rules within the US Patent and Trademark Office, under which TTAB operates, depositions in foreign countries must be predominantly conducted in writing with only a few exceptions.
The decision by the appeals court reaffirms the principle that international boundaries require due diligence and careful consideration when pursuing subpoenas, even in the face of seemingly clear disputes.