Tag: Hague Service Convention

  • 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……

  • Note of the Day: Vanderbeek on Rockefeller

    Congratulations to Thomas G. Vanderbeek, who has published a student note in the Vanderbilt Law Review on the problem of “contracting around” the Hague Service Convention in light of Rockefeller v. Changzhou Sinotype. Vanderbeek correctly identifies two approaches to the problem. The first approach focuses on giving effect to the Convention’s terms, particularly its insistence……

  • Case of the Day: Cheah v. Eighth Judicial District Court

    The case of the day is Cheah v. Eighth Judicial District Court (Nev. 2023). Chyuan Yong Cheah was a Malaysian national. In 2018, he rented a car in Nevada and was involved in a car accident in Las Vegas. Andre Davis, who claimed he was injured in the accident, sued Cheah in 2019, but he……

  • 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: SEC v. MCC International

    The case of the day is SEC v. MCC International Corp. (S.D. Fla. 2023). The SEC had obtained a preliminary injunction against Luiz Carlos Capuci, Jr. and others in a cryptocurrency fraud case. Capuci opposed the preliminary injunction on the grounds that while he had had notice, he had not been served with process before……