Cawthon v. Manh

Background

Scott Cawthon alleges that Dinh Duc Manh marketed and sold toys through an Amazon storefront called CanBeOne that infringed Cawthon’s registered and common-law copyrights. Cawthon renewed a request for permission to serve Manh by email under Federal Rule of Civil Procedure 4(f)(3), which permits certain methods of serving a person in another country when authorized by the court.

Judge Jennifer L. Rochon had previously denied Cawthon’s request for email service. The earlier ruling determined that Vietnam’s objection to certain postal service under the Hague Convention on service abroad applied to email service. It stated that Cawthon could serve Manh by registered mail with acknowledgment of receipt, among other methods permitted by the Hague Convention.

Cawthon then sent the summons and complaint by registered mail with a return receipt requested, but did not receive a signed acknowledgment. He also hired a law firm and an independent service provider to investigate Manh’s address. The investigator reported that the address was accurate and legitimate, that Manh was associated with it and lived there when not away for military service, and that the location did not appear to be a commercial site.

Court’s Analysis

The court rejected Cawthon’s argument that Manh’s address was unknown. The court noted that Cawthon had previously sent the complaint to the address and received an acknowledgment signed by Manh. The investigator also confirmed that the address was accurate and that Manh resided there. Because the address was known, the court concluded that the Hague Convention applied.

The court also distinguished between Manh and a possible unidentified person who may have operated the Amazon business while using Manh’s name. The court found no evidence that Manh used a fake name or address. If Cawthon pursued the theory that another unidentified person operated the business, the court stated that Cawthon would first need to amend the pleadings to name that person before seeking alternative service as to that person.

The court further concluded that Cawthon had not completed service by registered mail because he lacked a signed acknowledgment. The earlier UPS delivery did not establish service by registered mail, and Cawthon had not shown that he completed or attempted another Hague Convention method of service.

Disposition

Judge Jeannette A. Vargas denied the renewed motion for alternative service via email and denied the request to deem Defendant served. The Clerk was directed to terminate the filing associated with the motion. The opinion did not decide whether Manh infringed Cawthon’s copyrights.