OPINION AND ORDER
On March 6, 2015, plaintiff Sulzer Mixpac AG (“Sulzer Mixpac”), a Swiss corporation, filed suit in this Court against defendant Medenstar Industries Ltd. (“Medenstar”), a Chinese company. See Complaint, Dkt. 1, ¶¶ 1-2. Sulzer Mixpac alleged counts of trademark counterfeiting, trademark infringement, false designation of origin, and patent infringement under federal law, violations of the New York General Business Law, common law trademark infringement, and common law unfair competition. See Complaint ¶¶ 24-95. Since March 30, 2015, plaintiff Sulzer Mixpac has been attempting, without success, to serve defendant Medens-tar through the Convention on the Service Abroad of Judicial and Extrajudicial Documents in Civil or Commercial Matters (“The Hague Convention”). See Memorandum in Support of Motion for Service Through Alternative Means (“PI. Br.”), Dkt. 6, at 1. As detailed in two letters to the Court dated October 6, 2015 and November 19, 2015 (which will now be docketed), plaintiff has repeatedly requested the status of service from the Chinese Central Authority but was informed most recently, on November 10, 2015, that the case was still “pending in the court system.” On November 25, 2015, plaintiff filed a motion for service through alternative means. See Motion for Service Through Alternative Means, Dkt. 5. Specifically, plaintiff proposes service through electronic mail to export@medenstar.com, the contact email address listed on Medenstar’s Internet homepage, as well as service by international mail to the address listed on Medenstar’s Internet homepage. See PI. Br. at 1-2, 4, For the reasons outlined below, the Court hereby grants plaintiffs motion to serve defendant Medenstar by email at export@medenstar.com, but denies plaintiffs proposal to serve defendant by postal mail.
Fed. R. Civ. P. 4(f) provides that individuals in foreign countries may be served (1) “by any internationally agreed means of service that is reasonably calculated to give notice, such as those authorized by the Hague Convention”; (2) “by a method that is reasonably calculated to give notice,” including “as the foreign authority directs in response to a letter rogatory or letter of request”; and (3) “by other means not prohibited by international agreement, as the court orders.” Fed. R. Civ. P. 4(f). Fed. R. Civ. P. 4(h) confirms that service of process on foreign corporations may be made using the same methods outlined in 4(f)(1) and 4(f)(3), among other provisions. See Fed. R. Civ. P. 4(h).
Here, plaintiffs ask the Court to authorize service under Fed. R. Civ. P. 4(f)(3). See PI. Br. at 3. “Service under subsection [4(f) ](3) is neither a last resort nor extraordinary relief. It is merely one means among several which enables service of process on an international defendant.” Advanced Aerofoil Techs., AG v. Todaro, No. 11 Civ. 9505,
A Court-ordered means of service under Rule 4(f)(3) must “comport[ ] with constitutional notions of due process.” S.E.C. v. Anticevic, No. 05 Civ. 6991,
In the instant case, the Court declines to authorize service on defendant by postal mail because, so far as China is concerned, such service is, at least arguably, “prohibited by international agreement.” Fed.R.Civ.P. 4(f)(3). The United States Supreme Court has held that “compliance with the [Hague] Convention is mandatory in all cases to which it applies.” Volkswagenwerk Aktiengesellschaft v. Schlunk,
However, the Court grants plaintiffs motion to serve defendant at the email address listed on Medenstar’s Internet homepage, i.e., export@medenstar.com. “Service by e-mail is appropriate under Rule 4(f)(3) in some circumstances. In evaluating whether a particular method of service is sufficient, the court must determine whether the alternative method is reasonably calculated, under all circumstances, to apprise interested parties of the pendency of the action and afford them an opportunity to present their objections.” NYKCool A.B. v. Pac. Int’l Servs., Inc.,
Certain eases have suggested that service by email is inappropriate when the defendant is located in a country that has objected to service by postal mail under Article 10 of the Hague Convention. See, e.g., Agha v. Jacobs, 07-CV-1800,
But the Court finds more persuasive the reasoning of several courts that have declined to extend countries’ objections to specific forms of service permitted by Article 10 of the Hague Convention, such as postal mail, to service by other alternative means, including email. See, e.g., F.T.C. v. PCCare247 Inc., 12 Civ. 7189,
China’s objection to service by postal mail does not cover service by email, and these forms of communication differ in relevant respects. Email communications may be more reliable than long-distance postal communications, and the arrival of an email at its destination address may be more readily tracked.
While email communications may also go astray or fail to come to the relevant individuals’ attention, the Court finds that in this case, service to the email address listed on defendant’s website is “reasonably calculated, under all circumstances, to apprise interested parties of the pendency of the action and afford them an opportunity to present their objections.” NYKCool,
Further, plaintiff Sulzer Mixpae has shown that it “reasonably attempted to effectuate service on the defendant” and that “the circumstances are such that the court’s intervention is necessary,” Devi v. Rajapaska,
Accordingly, the Court hereby grants plaintiffs motion to serve defendant by email at export@medenstar.com, but denies plaintiffs proposal to serve defendant by postal mail.
The Clerk of Court is directed to close docket entry 5.
SO ORDERED.