Wavve Americas Incorporated v. Unknown Party
2:24-cv-02667
| D. Ariz. | Mar 17, 2025Background
- Wavve Americas Inc. sued multiple defendants over online activity connected to domain names, with most believed to be located outside the U.S. (Thailand, Netherlands, Vietnam, Pakistan, New Jersey).
- Physical addresses for the defendants were largely unavailable; only email contacts were obtained for service.
- Wavve sought court permission to serve defendants via email due to lack of conventional contact details.
- Wavve also moved to convert existing temporary restraining orders into a preliminary injunction against the defendants.
- Some defendants’ locations (notably Minh Van Ngoc Mym and registrants of certain DRAMACOOL domains) were unknown, complicating service.
- No defendants appeared in court, and Wavve has since clarified domain ownership and must update its complaint accordingly.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Service via email (international defendants) | Lacks address info; email is practical | Not stated | Permitted; not prohibited by international agreement |
| Service via email (domestic defendant) | Email likely monitored and not returned | Not stated | Permitted under NJ law with proof email likely received |
| Service via email (unknown defendant locale) | Want to serve via email | Not stated | Denied; no legal basis without proof of location |
| Convert TROs to preliminary injunction | All requirements met; no disputes | Not stated | Granted; preliminary injunction issued, no bond required |
Key Cases Cited
- Rio Properties, Inc. v. Rio Int’l Interlink, 284 F.3d 1007 (9th Cir. 2002) (district court may authorize alternative means of service on international defendants)
- Charlton v. Est. of Charlton, 841 F.2d 988 (9th Cir. 1988) (no evidentiary hearing needed for preliminary injunction if facts are undisputed)