In Southern California Darts Ass’n v. Zaffina, No. 13-55780 (9th Cir. Aug. 11, 2014), plaintiff (SoCal) promoted the competitive play of the game of darts and coordinated league play for its members for more than 40 years. SoCal was originally formed as a California corporation, but its corporate powers were suspended for failure to pay certain taxes. Defendant, a former member of SoCal, formed his own corporation by the same name (SoCal, Inc), and used the SoCal name and mark to promote his business. Plaintiff brought a Lanham Act claim against defendant in federal court. The district court entered summary judgment in favor of plaintiff and entered a permanent injunction prohibiting defendant from using the SoCal mark. On appeal, defendant argued that plaintiff lacked the capacity to sue because it was a delinquent corporation whose powers had been suspended. The Ninth Circuit rejected that argument and affirmed. The court held that while California law prevents delinquent corporations from bringing a legal action, that law is not dispositive because FRCP 17(b) governs the capacity to sue in federal court. Because FRCP 17(b)(3)(A) provides that an “unincorporated association” that lacks capacity under state law may still sue “in its common name to enforce a substantive right existing under the United States Constitution or laws,” plaintiff had the capacity to bring its Lanham Act claim, at least in federal court.