Bearco is a corporation incorporated under the laws of State A. Bearco maintains its corporate and administrative offices in State A; its factories are located in State B. Bearco’s popular stuffed toy bear, “Griz,” is sold throughout the United States. Bearco has registered the trademark “Griz” with the United States Patent and Trademark Office. Copyco is a corporation incorporated under the laws of Country X, a foreign country, where Copyco has its manufacturing facilities and corporate offices. Copyco sells a line of toy bears called “Griz,” which look remarkably similar to the Bearco “Griz” bears. Copyco sells its bears to consumers throughout the United States. However, it sells only on the Internet, using a parcel delivery service to deliver the bears to consumers. The Copyco website does not list a telephone number, street address, or post office box for the company. It lists only an e-mail address and an Internet address. Bearco has filed an action against Copyco in the United States District Court for State A, properly invoking the court’s federal question and diversity jurisdiction. Bearco alleges both trademark infringement (a federal law claim) and unfair competition (a tort claim that, in the United States, is based on state law). State A and State B have materially different unfair-competition laws. Unfair competition is not actionable under the law of Country X. To address choice-of-law problems, State A follows the “most significant relationship” approach of the Restatement (Second) of Conflict of Laws. State B applies the “vested rights” approach of the Restatement (First) of Conflict of Laws. Country X’s choice-of-law methodology is unknown. Bearco has been unable to determine Copyco’s street address or post office box address either in the United States or in Country X and has filed a motion requesting that the district court authorize service of the summons and complaint by e-mail. There are no international agreements that affect the court’s resolution of the issues in this case. 1. If the United States District Court for State A permits service of process on Copyco by email, would such e-mail service be consistent with the Federal Rules of Civil Procedure and the United States Constitution
