Ossian Law P.C.
IT Law Alert April 1, 2015
Service of Process via Facebook: Since 2012, a number of federal trial courts have
been asked to allow summons and complaints to be served on defendants through
Facebook. Some, but not all, of these requests have been granted.
The latest case involved a copyright infringement case brought by Graphic
Styles/Styles International LLC against Men’s Wear Creations and Richard Kumar,
who are allegedly based in Hong Kong. For several months in 2014, Graphic Styles
attempted to serve the defendants by international certified mail at the address
listed on defendants’ web site. Each time, defendants did not sign the return receipt.
Graphic Styles filed a motion to allow service via email and Facebook. The court
denied the motion, finding that Graphic Styles had not attempted to serve
defendants in accordance with the Hague Convention through Hong Kong’s Central
Authority. The court also suggested that Graphic Styles could attempt to personally
serve the defendants when they are expected to be in the U.S., based on upcoming
events posted on defendants’ Facebook page. The court left the door open for
Graphic Styles to re-file its motion in six months if these efforts were not successful.
Review the court’s decision here.
Contact us at Ossian Law P.C. regarding social media law or any other information
technology law question.
© 2015 Ossian Law P.C.