Nylok Corporation v. Fastener World Incorporation, Nasalok Coating Corporation, Unilock Industrial Co., and Nypatch Industrial Co.

KANNE, Circuit Judge.

Nylok Corporation filed a complaint in the district court alleging trademark violations by five foreign corporations. The case was dismissed under Federal Rule of Civil Procedure 4(m) because of Nylok’s failure to serve the defendants within 120 days. Nylok argues on appeal that Rule 4(m) explicitly does not apply to foreign service and that the district court’s decision to dismiss should be reversed. For the reasons set forth in this opinion, we agree.

I. History

Nylok Corporation manufactures and sells a variety of fasteners. The fasteners made and sold by Nylok are blue…