Opinion

Kiss Nail Products, Inc. v. Shenzhen Jinri Electrical Appliance Co. Ltd.

Court
District Court, E.D. New York
Filed
Aug 12, 2020
Cited by
0 cases
Authority
More cited than 26.5%

The opinion

UNITED STATES DISTRICT COURT

EASTERN DISTRICT OF NEW YORK

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KISS NAIL PRODUCTS, INC.,

Plaintiff,

MEMORANDUM & ORDER

- against - 18-CV-5625 (PKC) (AYS)

SHENZHEN JINRI ELECTRICAL

APPLIANCE CO. LTD. d/b/a VAV and VIVID

& VOGUE; and JOHN DOE 1 d/b/a

ROPALIA,

Defendants.

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PAMELA K. CHEN, United States District Judge:

Plaintiff Kiss Nail Products, Inc. brought this action for patent infringement on October 9,

2018 against Defendants Shenzhen Jinri Electrical Appliance Co. Ltd. d/b/a Vav and Vivid and

Vogue (“Jinri”), and John Doe 1 d/b/a Ropalia (“Ropalia”), pursuant to 35 U.S.C. § 271. (See

generally Complaint, Dkt. 1.) After attempting to serve process on Defendant Jinri,1 and after

appearing before this Court to discuss its anticipated motion for default judgment,2 Plaintiff moved

1 Plaintiff’s international service provider transmitted the summons and complaint to the

Chinese Central Authority on December 20, 2018. (R&R, Dkt. 21, at 4.) Plaintiff advised the

Court on April 26, 2019 that it was attempting to serve Defendants via the Hague Convention.

(Dkt. 11.) No certificate or response has been received from the Chinese Central Authority. (R&R,

Dkt. 21, at 4.)

2 On June 27, 2019, Plaintiff requested a pre-motion conference to discuss its anticipated

motion for default judgment. (Dkt. 12.) At the pre-motion conference on July 17, 2019, the Court

requested that Plaintiff submit by August 1, 2019: (1) cases, if any, in which a court considered

whether notice was given to the international defendant in deciding whether to permit the plaintiff

to move for a default judgment, prior to the defendant being served by its country’s Central

Authority; and (2) cases, if any, in which a court rejected the request to move for a default judgment

under circumstances similar to this case. (July 17, 2019 Minute Entry.) Plaintiff filed its

submission on August 1, 2019 (Dkt. 14), and the Court directed Plaintiff to send via courier to

Defendant Jinri a copy of the summons and complaint, as well as the correspondence with the

for default judgment against Defendant Jinri on September 23, 2019. (Dkt. 19.) This motion was

referred to the Honorable Gary R. Brown, United States Magistrate Judge, for a Report and

Recommendation (“R&R”) pursuant to 28 U.S.C. § 636(b) and Local Rule 72.1(d). On January

21, 2020, the case was reassigned to the Honorable Anne Y. Shields, United States Magistrate

Judge.

On July 23, 2020, Judge Shields recommended entry of judgment on behalf of Plaintiff and

that a permanent injunction issue barring Defendant Jinri from infringing on Plaintiff’s protected

patent. (R&R, Dkt. 21, at 2.) The R&R notified Defendant of its right to file written objections

to the R&R, pursuant to 28 U.S.C. § 636(b)(1) and Federal Rules of Civil Procedure 6(a) and 72.

(Id. at 17.) A copy of the R&R was served on Defendant Jinri on July 23, 2020. (See Certificate

of Service, Dkt. 22.)3

A district court reviewing a magistrate judge’s R&R “may accept, reject, or modify, in

whole or in part, the findings or recommendations made by the magistrate judge.” 28 U.S.C.

§ 636(b)(1)(C). Where no party objects to the magistrate judge’s recommendation, the district

court “need only satisfy itself that there is no clear error on the face of the record.” Jarvis v. N.

Am. Globex Fund L.P., 823 F. Supp. 2d 161, 163 (E.D.N.Y. 2011) (citation omitted). The statutory

period for filing objections has expired, and no objections to Judge Shields’s R&R have been filed.

Court concerning the default judgment, by August 23, 2019. (Aug. 14, 2019 Order.) On August

20, 2019, Plaintiff sent the papers by FedEx to Defendant Jinri. (R&R, Dkt. 21, at 5.) The papers

were returned to Plaintiff on September 10, 2019 with a note stating that “there is no this people

and an error address.” (Id.) Plaintiff then emailed the contents of the FedEx package to email

addresses known to be associated with Defendant Jinri, again receiving no response. (Id.)

3 Plaintiff’s counsel served the R&R on Defendant Jinri via international courier (FedEx

international priority mail) to the company’s address in Shenzhen, China. (Certificate of Service,

Dkt. 22.)

The Court has reviewed both the record and Judge Shields’s well-reasoned and thorough

R&R. Finding no clear error in Judge Shields’s decision, the Court adopts the R&R in its entirety,

grants Plaintiff’s motion for default judgment,4 and permanently enjoins Defendant Jinri from

infringing on the patent held by Plaintiff.

SO ORDERED.

/s/ Pamela K. Chen

Pamela K. Chen

United States District Judge

Dated: August 12, 2020

Brooklyn, New York

4 As noted in the R&R, before this case can be closed and judgment entered, Plaintiff must

dismiss Defendant John Doe 1 d/b/a Ropalia from this action. (R&R, Dkt. 21, at 1 n.1.)

This is a copy of a public record, reproduced as it was published. It is not legal advice, and it may not be the version a court would rely on. Check the official source before you cite it.

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