This is a trademark infringement lawsuit. Plaintiff alleges that defendant improperly uses plaintiff’s brand name to sell infringing or counterfeit products “entirely online through [an] Amazon merchant account.” Defendant used the merchant account named “Co2Crea,” and defendant also applied to register a trademark in the same name. The trademark application lists an address in China. Plaintiff tried to get defendant to waive service but did not receive a waiver. Plaintiff went so far as to deliver a waiver package via Fedex to a Chinese address. Having not obtained a waiver, plaintiff seeks permission under Rule 4(f) to serve via Amazon’s messaging platform. The court rejects the motion, although the rejection is without prejudice. The court says that since the defendant is located in China, the Hague Convention applies. Article 10 of the Hague Convention establishes “alternative service methods” but apparently China objected to…
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