Trademark and Patent Infringement Cases on the Rise

The shrinking global economy has created an increase in the number of cases where foreign companies “knock-off” the patented and trademarked products of their rightful owner. Such infringements lead to lost revenues and profits by the company that owns the rights to the product or invention.

According to the U.S. Department of Commerce, there has been a 76% increase in claims for trademark and patent infringement in the past 10 years. The biggest violators are based in China, Indonesia, Taiwan and Mexico.

U.S. and Canadian corporations have continually attempted to protect their interests by filing lawsuits against illegal foreign manufacturers and the number of lawsuits is on the rise. Law firms routinely seek redress in the court of jurisdiction but are often thwarted by the laws of the foreign nation. Among the challenges are enforcement of judgment, fly-by-night businesses abroad going out of business or changing their name, and delaying tactics by foreign courts, e.g. Mexico.

The Mexican government has recently created serious roadblocks to service of process in Mexico by imposing new requirements for service upon their corporate entities. Even though Mexico is a signatory to the Hague Service Convention, they have placed additional restrictions which are in technical violation of the treaty. To date, no other signatory to the Convention has filed an objection with the Hague, thus, the problem persists.

Process Service Network, a legal support firm in the Los Angeles, CA area, has developed a strategy for overcoming the obstacles created by the government of Mexico. This strategy involves fast turnaround of service documents to remain one step ahead of the Mexican Central Authority. The staff at Process Service Network has been specialists in international service of process since 1978 and has handled over 1,600 trademark and patent infringement cases since that time.

Process Service Network can be found at http://www.processnet1.com/ or email at processnet@sbcglobal.net