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

American Bar Association Annual Meeting to Benefit Attorneys

When the American Bar Association (ABA) convenes its Annual Meeting in San Francisco on August 5-7, 2010, attorneys from across America will join together to learn, exchange ideas, and enjoy the City by the Bay.

Over 220 CLE programs that will help improve professional skills and expertise. There will be abundant opportunities to network with lawyers and judges from around the world. The meeting will also feature the world’s largest legal EXPO, providing an array of goods and services pertaining to the practice of law. Process Service Network is proud to be an exhibitor during the event.

Everyone knows that San Francisco boasts a great vacation experience, including sightseeing, food, shopping, and other attractions all within walking distance. The cool summer temperatures and low humidity provide one of the nation’s best locations to spend some extra time before or after the Annual Meeting. Hotel rates are surprisingly affordable during this peak tourist season.

The Annual Meeting’s flexible format allows participants to customize their own schedule and have the full benefits of the location. It will be a great time for everything the ABA and the Bay Area have to offer.

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

When Attorneys Should Not Serve Their Own Papers

Most states allow attorneys to serve their own legal documents provided they are not a party to the case. However, some attorneys have recently found themselves in hot water by using tactics that are beyond the industry standards or are, in fact, unlawful.

Case in point is the California lawyer who lost the tip of his finger when it became lodged in the door of a witness while serving a subpoena. The attorney (process server) later filed a lawsuit against the witness claiming that he closed the door without warning; thus injuring his finger. However, upon closer examination it is evident that the attorney caused his own injuries by allowing his hand to break the threshold of the front door as it was being closed.

The attorney admits that he “enjoys” serving witnesses who appear to be difficult to locate and serve. His zealousness to complete the subpoena may have lead to his downfall (injury).

The accounts of what actually differ widely by each party. First, the witness claimed that the process server (attorney) held the documents behind his back as the door was opened and then threw them inside onto the floor. Believing that the object might be a bomb or other destructive device, he shut the door. The process server claims that he asked for the identity of the witness and attempted to hand him the subpoena when the door was suddenly shut on his finger.

Experts have provided deposition testimony that dispute the process server’s account of the incident, relying on physics and other methods to determine that the injury could not have been caused as described by the server.

While the fact that the process server was an attorney does not affect the validity of the service of process, if he had followed proper service techniques and industry standards, the incident would not have happened. Properly trained process servers are the key to safety of both the server and the person being served.

Nelson Tucker of Process Service Network in California has trained over 1700 process servers in the past 24 years and has authored 3 books on service of process. Process Service Network can be found at http://www.processnet1.com/ or email at processnet@sbcglobal.net

Royal Family Member Served by PSN

Process Service Network has a reputation for serving legal documents "anywhere in the world". The following article is but one example of service to the United Arab Emirates.

Read the article on service on a member of the Royal Family in Dubai (UAE)

See our website for details on service in Dubai (UAE)

Process Serving International

Many attorneys contact me with questions about serving a defendant in a foreign country. The process can be quite disheartening, unless you have the expertise in every country and understand their laws.
We are entering our 31st year of providing support services to the legal profession, and in that time, we have researched the laws of 134 countries as they relate to service of process. We regularly serve legal documents in every country in the world.
The greatest challenge attorneys face is not understanding the laws and prohibitions against certain types of service. For example, you cannot use a private process server in such countries as Germany, Japan, China, and numerous others. To do so subjects the attorney, and their client, to serious civil and criminal penalties.
Process Service Network is the solution to all international, and domestic, process service assignments. We actually make the process easy!

Art,
In response to your question about service in the UK, we offer service throughout Great Britain and our office in London can handle any service in England. You will find the service options and our fees at http://www.processnet1.com/uk.htm

Process Service in Dubai

Dubai is one of the world's fastest growing cities and also one of the fastest growing areas for legal disputes. The result is a rise in the number of process services that are taking place in Dubai and throughout U.A.E.

I travelled to Dubai last June to serve a member of the Royal Family. I left on Tuesday and returned on Friday. Most of that time was spent in the airport in Hong Kong during layovers.

While it is rare for a process server to travel to another country it is sometimes necessary due to the special circumstances.

We normally use a local process server in Dubai and another in Abu Dahbi. It is less expensive but not as fast as sending someone from the U.S. or the UK.

For more information about process service in Dunbai or United Arab Emirates, call Process Service Network at 818-772-4796, or email to processnet@sbcglobal.net or click on http://www.processnet1.com/dubai.htm