Rio Properties, Inc. v. Rio International Interlink
United States Court of Appeals for the Ninth Circuit
284 F.3d 1007 (9th Cir. 2002)
Rio Properties, Inc. (plaintiff), a Nevada hotel and gambling company, sued Rio International Interlink (defendant), a Costa Rican online gambling business, for trademark infringement. Rio Properties served process on RII's international courier, who wasn't RII's registered agent but forwarded it to Costa Rica; RII's California attorney contacted Rio Properties but refused to accept service, and Rio Properties couldn't locate another address for RII. The court granted Rio Properties' motion for alternative service under Rule 4(f)(3), and Rio Properties mailed process to the attorney and courier and emailed RII directly. RII's motion to dismiss for lack of personal jurisdiction and insufficient service was denied; RII answered but largely refused to participate in discovery even after a court order and warning, leading the court to sanction RII with expenses and a default judgment. RII appealed the service, jurisdiction, and sanctions rulings.
Whether a party must attempt every method of service listed in Federal Rule of Civil Procedure 4(f) before asking the court to approve an alternative method.