Second Circuit: Fed. Treasury Enter. Sojuzplodoimport v. Spirits Int’l B.V.

Comity, International Law, Trademark, Vodka.

When a foreign sovereign holds that an earlier assignment of trademark rights was ineffective, for purposes of standing, U.S. courts must defer on grounds of comity from questioning the reassignment of rights, although the subsequent questions on the merits of each assignment within its jurisdiction may be decided.

For purposes of the act of state doctrine, a state's decision on the ownership of a U.S. trademark may be considerwd as occurring within its own territory.

There is very likely no commercial exception to the Act of State doctrine.  (!)

The assignment of rights of ownership of a trademark is a governmental, not commercial, act.

Prior dismissal of trademark claim does not bar present claim under res judicata, as dismissal for statutory standing is a curable defect.

As prior dismissal was voluntary, presumption of laches arises on non-Lanham claims.

http://www.ca2.uscourts.gov/decisions/isysquery/2b020799-9c35-4029-be16-860e741e9114/1/doc/14-4721_opn.pdf#xml=http://www.ca2.uscourts.gov/decisions/isysquery/2b020799-9c35-4029-be16-860e741e9114/1/hilite/