Barry Werbin

Liu Liqun via Getty Images Seasoned intellectual property litigators know well the frustration posed by the need to serve China-based defendants in infringement litigation under the Hague Convention on the Service Abroad of Judicial and Extrajudicial Documents in Civil or Commercial Matters. The Convention sets forth the means of effecting lawful service of process (summons and complaint) in accordance with China’s reservations and declarations to the Convention.

Summary As is evident, the UDRP process requires full compliance with multiple rules, both procedural and substantive. Crafting a complaint properly following an investigation as to the challenged domain, with an understanding of the detailed claim elements that must be satisfied, will lead in most cases to a favorable decision in a relatively short time period.

Two recent decisions by the Court of Appeals for the Second Circuit may foreshadow a more liberal judicial treatment of claims of unregistered trade dress at the pleading stage, providing plaintiffs with early settlement leverage if they survive motions to dismiss.