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LexisNexis - LexisNexisTM Academic RIO PROPERTIES INC...

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LexisNexis™ Academic RIO PROPERTIES, INC., Plaintiff-Appellee, v. RIO INTERNATIONAL INTERLINK, Defendant-Appellant. RIO PROPERTIES, INC., Plaintiff-Appellee, v. RIO INTERNATIONAL INTERLINK, Defendant-Appellant. No. 01-15466, No. 01-15784 UNITED STATES COURT OF APPEALS FOR THE NINTH CIRCUIT 284 F.3d 1007; 2002 U.S. App. LEXIS 4392; 62 U.S.P.Q.2D (BNA) 1161; 52 Fed. R. Serv. 3d (Callaghan) 239; 2002 Cal. Daily Op. Service 2511; 2002 Daily Journal DAR 3092 January 17, 2002, Argued and Submitted, San Francisco, California March 20, 2002, Filed PRIOR HISTORY: [**1] Appeal from the United States District Court for the District of Nevada. D.C. No. CV-99-01653-PMP. Philip M. Pro, District Judge, Presiding. DISPOSITION: Affirmed. COUNSEL: Jerome A. DePalma, Las Vegas, Nevada, for the defendant-appellant. JUDGES: Before: Alfred T. Goodwin, Joseph T. Sneed, and Stephen S. Trott, Circuit Judges. Opinion by Judge Trott. OPINION BY: Stephen S. Trott OPINION: [*1012] TROTT, Circuit Judge: Las Vegas hotel and casino operator Rio Properties, Inc. ("RIO") sued Rio International Interlink ("RII"), a foreign Internet business entity, asserting various statutory and common law trademark infringement claims. The district court entered default judgment against RII for failing to comply with the court's discovery orders. RII now appeals the sufficiency of the service of process, effected via email and regular mail pursuant to Federal Rule of Civil Procedure 4(f)(3), the district court's exercise of personal jurisdiction, and ultimately, the entry of default judgment and the award of attorneys' fees and costs. We have jurisdiction pursuant to 28 U.S.C. § 1291, and we affirm the district court's decision. [**2]
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BACKGROUND RIO owns the RIO All Suite Casino Resort, the "Best Hotel Value in the World" according to Travel and Leisure Magazine, not to mention the "Best Overall Hotel in Las Vegas," according to the Zagat Survey of Resorts, Hotels and Spas. In addition to its elegant hotel, RIO's gambling empire consists of the Rio Race & Sports Book, which allows customers to wager on professional sports. To protect its exclusive rights in the "RIO" name, RIO registered numerous trademarks with the United States Patent and Trademark Office. When RIO sought to expand its presence onto the Internet, it registered the domain name, www.playrio.com. At that address, RIO operates a website that informs prospective customers about its hotel and allows those enticed by Lady Luck to make reservations. RII is a Costa Rican entity that participates in an Internet sports gambling operation, doing business variously as Rio International Sportsbook, Rio Online Sportsbook, or Rio International Sports. RII enables its customers to wager on sporting events online or via a 1-800 telephone number. Far from a penny ante operation, RII grosses an estimated $ 3 million annually. RIO became aware [**3] of RII's existence by virtue of RII's advertisement in the
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This note was uploaded on 03/21/2012 for the course BLAW 1000 taught by Professor Stuff during the Spring '12 term at LSU.

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LexisNexis - LexisNexisTM Academic RIO PROPERTIES INC...

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