Saturday, January 25, 2014

Kanye West Allowed to Serve Defendants by E-Mail in "Coinye" Lawsuit

In my continuing efforts to make Bitcoin and other cryptocurrencies somehow relevant to this blog, I can report that Kanye West has sued Odaycoins.com, Coinye-Exchange.com, Amazon.com, and others in federal district court in Manhattan (Case Number 1:14-cv-00250, filed January 14, 2014).  The suit is for trademark infringement, unfair competition, and dilution and right of publicity violations, arising from Defendants' "initial public offering of a 'block' of cryptocurrency called, interchangeably, COINYE WEST, COINYE and COYE on their website . . . Although Defendants could have chosen any name for their cryptocurrency, they deliberately chose to trade upon the goodwill associated with Mr. West by adopting names that are admitted plays on his name."  (Complaint, pp. 1-2.)

 

In a civil procedure move that our students will likely find interesting, Judge Analisa Torres entered this order:

 

ORDER GRANTING PLAINTIFFS' EX PARTE APPLICATION FOR PERMISSION TO USE EMAIL AS SERVICE OF PROCESS ON DEFENDANTS AND THIRD PARTIES: that Plaintiffs may serve all legal documents on defendants and third parties by email at email addresses that Plaintiffs ascertain to be valid and operational including, but not limited to the following email addresses: alexfour@orcon.net.nz; coinyewest@ gmail.com; contact@buycoinye.com; coinyecoin@outlook.com; support@coinyecasino.com, rozenbal@emeto.eu; dogecoincom@obscure.me. Such service shall constitute due and sufficient service and notice hereof.

 

The summonses were returned executed two days later.

http://lawprofessors.typepad.com/civpro/2014/01/kanye-west-allowed-to-serve-defendants-by-e-mail-in-coinye-lawsuit.html

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Comments

This is the slippery slope that's concerned folks that are interested in ensuring proper notice is given defendants. Hopefully higher courts will overrule this bad decision.

Posted by: Bob Zornes | Jan 26, 2014 9:51:32 AM

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