Australian Firm in US Trademark Battle Blocks Subpoena on Appeal

Australian construction management firm Buildxact Software Ltd. succeeded in blocking a subpoena from US company Xactware Solutions Inc. in a trademark dispute as a federal appeals court found the district court lacked authority to issue the subpoena.

Xactware, which challenged Buildxact’s application to registr a trademark for its name before the Trademark Trial and Appeal Board, filed a subpoena seeking an in-person deposition of Buildxact’s corporate representatives. Under the rules of the US Patent and Trademark Office, of which TTAB is a part, depositions in foreign countries must be done in writing, with limited exceptions.

The US Court of Appeals ...