Court: U.S. law trumps domain decisions

Published: 10 December 2001 y., Monday
Reversing a lower court, the 1st U.S. Circuit Court of Appeals in Boston on Wednesday found that federal courts have jurisdiction over international domain name disputes, including those filed with the World Intellectual Property Organization (WIPO), a Geneva-based arbitration organization approved by the Internet Corporation for Assigned Names and Numbers (ICANN). The appellate judges said that under the Anti-Cybersquatting Consumer Protection Act, signed by former President Clinton two years ago, a domain name holder may file a civil action suit in U.S. courts if the domain name has been suspended, disabled or transferred. As a result, the appellate judges determined that Jay Sallen, who lost the domain name Corinthians.com to a Brazilian soccer team in a WIPO dispute-resolution process, may obtain a U.S. court decision that would permit him to keep the domain name. "Congress' authorization of the federal courts to 'grant injunctive relief to the domain name registrant, including the reactivation of the domain name or transfer of the domain name to the domain name registrant,' provides Sallen with an explicit cause of action to redress his loss of Corinthians.com under the UDRP (Uniform Dispute Resolution Policy)," the appellate judges wrote in their decision. Sallen registered Corinthians.com in August 1998 with Network Solutions, a domain name registrar accredited by ICANN, and posted Biblical material on the site. On May 18, 2000, Corinthians Licenciamentos, owners of the soccer team, filed a complaint with WIPO, alleging that Sallen's domain name was similar to its trademark and that it has rights in Brazil to the name, "Corinthiao," the Portuguese equivalent of "Corinthians." When a WIPO panel found that Sallen used the domain name in bad faith and ordered that Corinthians.com be transferred to the owners of the soccer team, Sallen filed his case in a U.S. district court under the Anti-Cybersquatting law.
Šaltinis: CNET News.com
Copying, publishing, announcing any information from the News.lt portal without written permission of News.lt editorial office is prohibited.

Facebook Comments

New comment


Captcha

Associated articles

Online gambling - a roll of the unregulated dice?

A number of MEPs urged Internal Market Commissioner Michel Barnier to come up with common rules to regulate cross border online gambling in Europe. more »

A safer and more social internet? (910)

Think before you post as once you do it is online forever. That was the message on Safer Internet Day marked on 9 February by a seminar in the European Parliament. more »

European Commission calls on social networking companies to improve child safety policies

50% of European teenagers give out personal information on the web – according to an EU study – which can remain online forever and can be seen by anybody. more »

ICSA Labs Is First Security-Product Testing Organization to Earn Key Accreditation

ICSA Labs, an independent division of Verizon Business, is the first independent security-product testing and certification laboratory to earn ISO/IEC 17025 accreditation, validating the laboratory's world-class capabilities. more »

“.eu” internet domain now available in all EU languages

From today, European citizens, businesses and organisations can register .eu website names using characters from all 23 official languages of the European Union. more »

70% of ringtone-scam websites corrected or closed following EU probe

Authorities investigated 301 mobile phone services websites in follow-up to EU crackdown on misleading consumer practices. more »

Telecoms Package: internet access safeguarded

After nearly 2 years of legislative work the Telecom Package is due to be put to a final vote in Parliament on 24 November in Strasbourg. more »

Hackers indicted in $9.4 million ATM heist

The Christian Science Monitor reports that three men have been named as being the masterminds behind the hacking of RBS WorldPay, a subsidiary of the Royal Bank of Scotland. more »

BAI RD: Industry consultant says ATMs remain critical for FIs

BAI’s Banking Strategies Insights reports that banks must get serious about improving their ATMs, especially in the area of envelope-free deposit. more »