Silver Fish International, LLC v. Kaifang Yuan and Zhengzhouruijihedianzishangwuyouxiangongsi

Summary

The United States District Court for the District of Utah grants Silver Fish International, LLC’s motion for alternative service of process in its copyright infringement action against Kaifang Yuan and Zhengzhouruijihedianzishangwuyouxiangongsi. The court authorizes service by emailing the summons, complaint, and order to the defendants’ United States-based trademark counsel under Federal Rule of Civil Procedure 4(f)(3). Service must be sent three times per week for two consecutive weeks, subject to the order’s stated limitations.

Holdings

1. Rule 4(f)(3) permits a court to authorize alternative service on a foreign defendant when the method is not prohibited by an international agreement and satisfies due process; a plaintiff need not first attempt service under Rule 4(f)(1) or (2).
2. Service by email to the defendants' United States-based trademark counsel was not prohibited by the Hague Convention or another applicable international agreement.
3. Service by email to the defendants' recently retained United States-based trademark counsel was reasonably calculated to provide notice and an opportunity to respond and therefore satisfied due process.

Questions Presented

1. Whether Rule 4(f)(3) authorized service of the foreign defendants by email through their United States-based trademark counsel.
2. Whether service by email through United States-based counsel was prohibited by the Hague Convention or another international agreement.
3. Whether the proposed service method was reasonably calculated to provide notice and an opportunity to respond.

Disposition

other