Intellectual property partner Lou Perry authored an article for Indiana Lawyer titled “Perry: Alternative service makes difference in fighting online counterfeits” that discusses best practices in fighting online counterfeits, particularly anonymous culprits in unknown locations.
In the article, Perry first addresses the question “How does one properly serve papers on a phantom?” and the importance of documenting all efforts in trying to track down counterfeiters. Perry then explains the next step – moving that the court approve service of process by alternative electronic means.
The article highlights that the motion should include not only the documentation of the failed service attempts, but it should also make an evidentiary showing that the counterfeiter primarily conducts his or her business online and uses some form of messaging system for business communications.
The full article is available for Indiana Lawyer subscribers.