I have a guest post today from Ivy Chen (陈盛兰), a law student the Peking University School of Transnational Law, on a recent decision of the Supreme People’s Court of China. Welcome, Ivy! I don’t claim to be able to evaluate this decision. It would be interesting to get a real comparative view of this.
The case of the day is WooshinmtCo, Ltd. v. Fu Sheng Optoelectronics (Jiangsu), Ltd., a retrial case from the Supreme People’s Court of China. WooshinmtCo, a South Korean company, applied to the Supreme People’s Court of China for retrial of a judgment on contract disputes between itself and Fu Sheng Optoelectronics, a Chinese company, issued by the High People’s Court of Jiangsu Province. This case does not address the process of the recognition and enforcement of foreign judgment in China. Instead, it sheds light on the possibility of using unrecognized foreign judgment as evidence in Chinese court proceedings.
Continue reading Case of the Day: WooshinmtCo v. Fu Sheng Optoelectronics
The case of the day is Chanel, Inc. v. Bestbuyhandbag.com (S.D. Fla. 2014). Chanel sued a bunch of defendants for trademark infringement, false designation of origin, and unfair competition. The allegation was that the defendants were selling knockoffs via their websites.
Continue reading Case of the Day: Chanel v. Bestbuyhandbag.com
The case of the day is Wuxi Taihu Tractor Co. v. The York Group, Inc. (Tex. App. 2014). York, a Delaware firm that manufactured and sold coffins sued Wuxi, a Chinese firm, for unfair competition and other torts. York served process on Wuxi by service on the Texas Secretary of State, who then mailed the summons and complaint directly to Wuxi in China. Wuxi entered a pro se appearance and filed, but did not serve, an answer that asserted, among other things, that Wuxi had not properly been served with process. There was some procedural wrangling. The judge ordered Wuxi to retain a lawyer, but Wuxi didn’t. Eventually the case was called for trial and Wuxi did not appear, so the judge entered a default judgment. Wuxi sought review.
Continue reading Case of the Day: Wuxi Taihu Tractor Co. v. The York Group, Inc.