V.V.V. & SONS EDIBLE OILS LIMITED, a Public Limited Company v. MEENAKSHI OVERSEAS, LLC, 946 F.3d 542 (9th Cir. 2019).

Mr. Brooks briefed and argued this case before the Ninth Circuit in San Francisco, California during the month of December 2019.  The case has been ongoing since December 2014, without the Defendant in the action, Meenakshi Overseas, LLC having yet filed an answer.  The case arose from the District Court after a 12(b) motion to dismiss was granted based upon a default judgment rendered against V.V.V. & SONS EDIBLE OILS LIMITED (3V) in 2009 during an opposition proceeding before the Trademark Trial and Appeal Board (TTAB) of the United States Trademark Office.  While Mr. Brooks argued several constitutional grounds as to why the TTAB did not have the power to adjudicate the rights of 3V in this instance, the Ninth Circuit relied upon, Restatement 2d Judgments, for its holding.  In short, the Ninth Circuit invoked an exception to the res judicata of an earlier tribunals findings when the remedy sought in the subsequent tribunal could not have been granted in the earlier tribunal.  In this instance claim preclusion is inapplicable.  However, the record was incomplete in the District Court to determine whether issue preclusion could apply.  The case was remanded for further proceedings, therefor.

Mr. Brooks has nearly 30 years of trademark litigation and prosecution experience, and has successfully represented clients before the State and Federal Courts, as well as the Trademark Trial and Appeal Board.  Mr. Brooks has also worked with foreign attorneys to assist clients in procuring trademark rights in territories around the globe outside the jurisdiction of the United States.