IP suits occasionally get sidetracked when there are problems with the corporation’s authority to act, like here. Attacking the authority looks like a quick way out of the suit for the defendant, so worth a try.
The Exclusive Rights blog brings us the story of a lawsuit almost foiled by the failure of a corporation to maintain its good standing. The corporation filed a copyright application while the corporation was administratively dissolved. The corporation later sued to enforce the copyright and the defendant countersued. The corporation then tried to fix its administrative problem but found itself in a Catch-22, because it could not be reinstated if a lawsuit was pending against it.
The court finds a way through the immediate murk, although fact issues remain. Exclusive Rights post explaining how here.
Embassy Software Corp. v. Ecopy, Inc., Civ.l No. 06-cv-00391-JL, 2009 WL 74350 (D.N.H. Jan. 13, 2009).
© 2009 Pamela Chestek