Regal Games LLC v. SellerX Eight GmbH

Background

Regal Games LLC filed claims for trademark infringement and unfair competition against SellerX Eight GmbH, SellerX Fourteen GmbH, SellerX Eighteen GmbH, and SellerX Germany GmbH. Regal Games also sued Walmart Inc., but voluntarily dismissed its claims against Walmart on August 16, 2024.

The Clerk of Court issued summonses for the four SellerX defendants on September 4, 2024. The court noted that the defendants are German corporations and that Federal Rule of Civil Procedure 4(m)'s usual 90-day service deadline does not apply to service in a foreign country. The court also explained, based on Second Circuit authority, that this exemption may not apply if service was never attempted within the statutory period.

Order

The court ordered Regal Games to submit, no later than December 13, 2024, a letter of no more than three pages describing its efforts to serve the SellerX defendants. If Regal Games did not attempt service within the 90 days after the summonses were issued, it had to show good cause—an adequate legal reason—for why the action should not be dismissed for failure to serve the defendants.

Judge Vernon S. Broderick warned that failure to submit the required letter and, if necessary, demonstrate good cause would result in dismissal of the action. The order did not decide the trademark-infringement or unfair-competition claims.