Posted on May 28, 2019
The case of the day is Luxottica Group S.p.A. v. Partnerships and Unincorporated Associations Identified on Schedule A (N.D. Ill. 2019). The case is in the “Chinese internet luxury goods knockoff” genre. The court had granted a temporary restraining order, which had authorized Luxottica to serve process by electronic means, namely, by email and by “electronically publishing a link to the Amended Complaint, this Order, and other relevant documents on a website to which the Defendant Domain Names which are transferred to the Plaintiff’s control will redirect.” The defendants moved to dismiss, arguing that the service did not comply with the Hague Convention. They were obviously right if the Convention applied. But did it?