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ARTICLE · 19 OCTOBER 2018

Service Of Process On Evasive Defendants

Smith Gambrell & Russell
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On September 15, 2018, the U.S. District Court for the Southern District of Florida granted an order authorizing service of process by electronic mail in a trademark infringement case ...

United StatesIntellectual Property
Bruce McDonald
Bruce McDonald
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On September 15, 2018, the U.S. District Court for the Southern District of Florida granted an order authorizing service of process by electronic mail in a trademark infringement case where the plaintiff was unable to make personal service due to evasive conduct by the Defendants, according to SGR partner Bruce McDonald, representing the plaintiff. See Transamerica Corp. v. TransAmerica Multiservices Inc. et al., No. 1:18-cv-22483 (S.D.Fla.). While the federal courts have granted motions for "substituted service" in cases of fictitious and anonymous websites registered to individuals and entities ostensibly located overseas, this was the first known federal court decision authorizing electronic service on a resident of the forum state based on evidence that the individual was evading service.

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