The district court relied upon Federal Rule of Civil Procedure 19(a)(1)(B)(ii) to find M2 Software to be a required party in this trademark infringement case. A party with indisputable -- and primary -- rights to the mark is absent from the suit and might attempt to vindicate its own rights one day. Because proceeding without such an integral party may prejudice the missing party's rights or risk duplicative lawsuits, the primary mark-holder is a required party under Rule 19. The district court's judgment is affirmed.
Escamilla v. M2 Technology Inc.
July 29, 2013