AS BEAUTY GROUP LLC v. GUANGZHOU AOLIMEI COSMETICS CO., LTD.

Background

AS BEAUTY GROUP LLC brought a trademark-infringement action under the Lanham Act against GUANGZHOU AOLIMEI COSMETICS CO., LTD. On February 21, 2025, the court stayed the case while AS BEAUTY GROUP LLC attempted to serve the defendant in the People’s Republic of China under the Convention of November 15, 1965, commonly called the Hague Convention.

On October 1, 2025, AS BEAUTY GROUP LLC asked the court to deem service effective under Federal Rule of Civil Procedure 4(f)(1). That rule permits service outside the United States by methods authorized by the Hague Convention. The plaintiff submitted an affidavit with several documents, including an Article 6 certificate, a translated and original “Proof of Service” issued by the Batyun District People’s Court in Guangzhou City, and a certificate of translation.

Court’s Analysis

The Hague Convention permits service through a country’s Central Authority using a method allowed by that country’s domestic law. For service to be effective, the Central Authority must issue a certificate or equivalent document confirming that service occurred and stating the method, place, date, and person to whom the documents were delivered.

The court found that the submitted documents satisfied those requirements. The formal certificate confirmed that service occurred and identified the means, date, location, and recipient. The Chinese court’s Proof of Service also identified, though not in great detail, the documents that had been served.

Ruling and Deadlines

The court determined that service complied with the Hague Convention and was effective under Rule 4(f)(1). The order required GUANGZHOU AOLIMEI COSMETICS CO., LTD. to answer, challenge the complaint, or otherwise respond by November 7, 2025.

If the defendant did not answer, AS BEAUTY GROUP LLC was required to file any motion for a judgment based on the failure to respond by November 21, 2025, under the court’s individual rules and practices. The defendant’s opposition to any such motion would be due December 12, 2025. The order also required AS BEAUTY GROUP LLC to serve a copy of the order on the defendant within two business days and file proof of that service within three business days. If AS BEAUTY GROUP LLC filed a motion for a judgment based on failure to respond, it had to serve the motion papers by November 14, 2025, and file proof of service by November 17, 2025. The opinion did not resolve the underlying trademark-infringement claims.