SAN FRANCISCO – August 13, 2018 – Gaw | Poe LLP announced today that on behalf of its client Products and Ventures International (“PVI”), it obtained a $4.4 million judgment against defendant Axus Stationery (Shanghai) Ltd., one of the largest pencil manufacturers in the world. The judgment also provides for joint and several liability to various subsidiaries, affiliates, or related companies of Axus Stationery such as Kenpark Ltd., Shanghai Marco Stationery Co. Ltd., Shanghai Laikesheng Pen Material Co. Ltd., and Roberta Trading Corporation. The judgment also provides for joint and several liability to the underlying owners of Axus Stationery: Andre Viegas and Peifeng Xu. Also as part of the judgment, all counterclaims brought by the defendants against PVI and its owner, Carlos Fairbanks, were dismissed with prejudice.

This judgment concludes nearly 2-and-a-half years of contentious litigation between PVI and the defendants. In particular, Axus Stationery filed various motions to dismiss against Products and Ventures International arguing that, as a company based in mainland China, the federal court lacked personal jurisdiction over it. PVI was able to take multiple depositions of various defendants over in Hong Kong, and using that discovery, was able to establish personal jurisdiction over the defendants.

The case is Products and Ventures International v. Axus Stationery (Shanghai) Ltd., et al., No. 4:16-CV-00669-YGR, and was heard in the United States District Court for the Northern District of California. PVI and Carlos Fairbanks were represented by Gaw | Poe LLP attorneys Randolph Gaw and Samuel Song.