The case of the day is NOCO Co. v. Khaustov (N.D. Ohio 2019). NOCO accused Yan Khaustov of trademark infringement because he was selling alleged knockoffs via Amazon. The question was whether the court should authorize NOCO to serve process on Khaustov, in Russia, via email.
Tagged: Email, Hague Service Convention, Russia
The case of the day is Democratic National Committee v. Russian Federation (S.D.N.Y. 2019). I’ve written about the case several times before (for instance, these posts on the FSIA issues, this one on serving process on Wikileaks, and this one on serving process on Julian Assange while he was still holed up in the Ecuadoran embassy in London). In today’s post I’m going to deal only with the fate of the claim against Russia itself to avoid unwisely commenting on a current case in my firm; my partners Caroline Polisi, Jeff Alexander, and Chris LaVigne represent George Papadapolous in the case, with help from our excellent associates Shira Feldman and John Dillon. (Congrats on the win, guys!)
The case of the day is Batbrothers LLC v. Paushok (N.Y. Sup. Ct. 2018). Batbrothers had a $25 million judgment against Sergey Viktorovich Paushok from a Russian court. It sought recognition and enforcement in New York and moved for summary judgment. Paushok defended on grounds of lack of standing, a supposed lack of finality of the Russian judgment, and a supposed lack of conclusiveness. The standing argument is somewhat difficult to discern, and so I don’t address it here.
Tagged: Recognition and Enforcement, Russia