Tag: Email

  • Capable of Repetition But Evading Review: The Second Circuit Dismisses Appeal on Email Service

    The Second Circuit has dismissed the appeal in the Smart Study case for lack of jurisdiction. I wrote about the district court’s decision back in August 2022. The case was a trademark and copyright infringement case involving “Baby Shark.” You’re welcome. The plaintiff had obtained a preliminary injunction, but when it moved for a default […]

  • 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 […]

  • 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 […]

  • 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 […]

  • Case of the Day: Topstone Communications v. Chenyi Xu

    The case of the day is Topstone Communications, Inc. v. Chenyi Xu (S.D. Tex. 2022). I love this case. It shows that the tide is turning. As longtime readers know, ever since Gurung v. Malhotra, courts have approved service by email on defendants in cases within the scope of the HCCH Service Convention, even when […]