Better Made Snack Foods, Inc. v. IVP HOLDING, LLC, 4:24-cv-10783

Better Made Snack Foods, Inc. filed suit against IVP Holdings LLC and Detroit Herbal, LLC, alleging trademark infringement and related Lanham Act and state law violations.
Plaintiff attempted to serve Detroit Herbal, LLC via certified and registered mail.
Plaintiff obtained a clerk's entry of default against Detroit Herbal after no response was received.
Plaintiff moved for default judgment based on the entry of default.
The Court examined the sufficiency of service of process on Detroit Herbal, LLC under Federal and Michigan law.
The sole proof of service was via certified/registered mail with no evidence of personal service on an authorized individual.

Issue	Plaintiff's Argument	Defendant's Argument	Held
Was service of process on Detroit Herbal proper?	Service by certified mail is sufficient	Not stated	Court: Service was insufficient under Fed. and Michigan law
Is the entry of default against Detroit Herbal valid?	Entry was proper due to non-response	Not stated	Court: Entry of default must be set aside due to improper service
Should the court grant default judgment?	Plaintiff entitled to default judgment	Not stated	Court: Denied without prejudice due to lack of valid service
Should the case against Detroit Herbal be dismissed for lack of service?	Plaintiff should avoid dismissal	Not stated	Court: Plaintiff must show cause why case should not be dismissed

O.J. Distrib., Inc. v. Hornell Brewing Co., Inc., 340 F.3d 345 (6th Cir. 2003) (proper service of process is a constitutional requirement for jurisdiction and a valid default judgment)
Henderson v. United States, 517 U.S. 654 (1996) (discussing court discretion to extend the service period absent good cause)