Letters Blogatory

The Blog of International Judicial Assistance | By Ted Folkman of Folkman LLC

Posts tagged “Guernsey

Health Science Distributors Co. v. Usher-Sparks Revisited

Posted on March 26, 2012

Today we revisit the case of the day from October 28, 2011, Health Science Distributors Co. v. Usher-Sparks (M.D. Fla. 2012). Last time around, the judge held that Health Science had not shown that it had made adequate service of process on the individual defendants, Robert Usher-Sparks and Trevor Taylor, on on the institutional defendants, Wellsprings Trading, Ltd., Wellsprings Ltd., and Sarati International, Inc. Health Science gave service of process another try, this time with some more success as to the individuals, but not as to Wellsprings. Health Science hired a process server to personally serve the documents on Usher-Sparks and Taylor in England (not in Guernsey, which raised issues in the prior post). The judge correctly held that such service is valid under…

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Case of the Day: Health Science Distributors Co. v. Usher-Sparks

Posted on October 28, 2011

The case of the day is Health Science Distributors Co. v. Usher-Sparks (M.D. Fla. 2011). Health Science sued Robert Usher-Sparks and Trevor Taylor, who did business in Guernsey as Wellsprings Trading, for trademark infringement and unfair competition. Usher-Sparks and Taylor moved to dismiss for insufficient service of process. Health Service attempted to serve the summons and complaint by delivering the papers to an office administrator at Wellsprings’s offices, but the administrator refused to accept service on behalf of Usher-Sparks or Taylor. Article 19 of the Hague Service Convention permits methods of service other than the methods prescribed by the Convention “to the extent that the internal law of a contracting State permits” them. The question was whether the service complied with the UK’s internal…

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