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Case of the Day: Safavieh International v. Chengdu Junsen Fengrui Tech. Co.
The case of the day is Safavieh International, LLC v. Chengdu Junsen Fengrui Technology Co. (SDNY 2023). Safavieh was a New York rug design company. It alleged that Chengdu Junsen Fengrui, a Chinese rug company, was selling rugs on Amazon that infringed its design copyrights. Safavieh began by serving Amazon with a “takedown notice” under……
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Case of the Day: Kyjen Co. v. Individuals
The case of the day is Kyjen Co. v. Individuals (S.D.N.Y. 2023). The case was a pretty typical “Chinese knockoffs sold on the internet” case. The plaintiff sought a temporary restraining order and moved for leave to serve process by email and “online publication.” The plaintiff didn’t know the defendants’ addresses, but the judge took……
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Second Circuit To Rule On Service By Email In China (Maybe)
The Second Circuit is poised to decide Smart Study Co. v. Acuteye-US, a case in which a district judge correctly held that the Hague Service Convention does not permit service by email in cases where it applies, at least where the state of destination has objected to service by alternate means under Article 10. I……
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Case of the Day: McCarthy v. Johnson
The case of the day is McCarthy v. Johnson (D.D.C. 2022). The plaintiff had won a $6 million judgment against Michael Heath Johnson, who, she alleged, had bilked her out of millions of dollars in the 1980s, during a particularly vulnerable time for her. The District of Utah had entered judgment by default after Johnson……
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Case of the Day: Smart Study v. Acuteye
The case of the day is Smart Study Co., Ltd. v. Acuteye-US (S.D.N.Y. 2022). It’s too soon to declare victory, but this is yet another case correctly holding that when the Service Convention applies and the state of destination has objected to service by postal channels, service by email is forbidden. The case involved a……