Consorzio Del Prosciutto Di Parma v. Domain Name Clearing Company, LLC Internet News Portals Group, Llc, and Chris Truax

Good Law
2003 Daily Journal DAR 11477·346 F.3d 1193·2003 WL 22350662·56 Fed. R. Serv. 3d 724·68 U.S.P.Q. 2d (BNA) 1639
United States Court of Appeals for the Ninth CircuitOctober 16, 200302-56839California1,160 words

Opinion

Opinion

Leavy, J.

Chris Truax, an attorney appearing pro se, appeals from the district court’s entry of a default judgment in the amount of $24,258.00 in favor of Consorzio Del Prosciutto di Parma (“the Consortium”). After failing to appear in the district court proceedings, Truax filed a notice of appeal. He did not move to set aside the default judgment or ask for other relief in the district court. On appeal, Truax contends that the Consortium failed to comply with the California requirements for effective service by publication when attempting to effect service of process on him under Fed.R.Civ.P. 4(e)(1). We dismiss the appeal.

FACTS AND PRIOR PROCEEDINGS

The Consortium is a group of producers of Parma ham, with powers under Italian law to supervise and regulate the production and worldwide marketing of ham sold under the Parma ham mark. In 1996, the Consortium obtained a registration for the PARMA HAM certification mark from the United States Patent and Trademark Office (U.S. Reg. No. 2,014,629).

In January 1997, Chris Truax, as sole manager and agent, filed articles of incorporation for the Domain Name Clearing Company (“DNCC”), a limited liability company, with the business activity of…

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