Charles Wallace Argues Before the 5th Circuit Court of Appeals

On December 9th, Charles Wallace argued the case of Viahart v. He Gangpeng before the 5th Circuit Court of Appeals in New Orleans, Louisiana. This case focuses on widespread Chinese infringement of intellectual property using online platforms such as Amazon and eBay, and sheds light on the complications US-based companies face in attempting to enforce their rights against international defendants.

The 5th Circuit panel consisted of Judges Graves, Ho, and Wiener, and the line of questioning addressed issues such as joinder, efficiency of the courts, and abuse of the judicial process. At the core of the argument, however, was the balance between Federal Rule of Civil Procedure 4(f) and the Hague Service Convention. Charles Wallace argued that there is no hierarchy among the service options available to the courts under FRCP 4(f), that the Hague Convention is not a mandatory form of service, and that email service is both necessary and proper in cases such as these.

This argument is critical to stopping the trend of Chinese infringement, in which defendants use fake postal mail addresses to avoid service and delay the enforcement of intellectual property rights. Unlike postal addresses, email addresses are verified by the online marketplaces, are used consistently by infringers to manage their accounts, and provide the best means of serving these defendants in a timely manner.

To learn more about this case and listen to the oral argument, visit the 5th Circuit Oral Argument page. Charles Wallace’s portion of the argument begins at 22:50, and you can go directly to that point by clicking here.