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

search.lt news

search.lt presents newest links more »

Mapping the New Internet

Expert says it will take a new attitude to squash spam, wire your washer, and identify the next IM more »

A Linux Desktop Bonanza

Linux desktop vendors Xandros and Linspire (also known as Lindows) are offering more desktop software for less, and, in the case of Xandros, for nothing more »

Traditional School Moves to the Internet

Penki kontinentai” implements the first unique project of electronic school in Lithuania. This project must change collaboration between teachers and students improve expedition, information search and change such a negative view of school in general.

more »

Windows 'Lock-In' Worries

Microsoft Corp.'s plans for a common set of services that promise its server platform products will work better together are being met with skepticism. more »

New Prescott Pentium 4 processors on tap from Intel

Among the eight new chips will be Intel's first workstation processors with 64-bit extensions technology more »

The Changing Face of E-Mail

Information overload will drive e-mail into the ground unless software vendors act now and make major changes to the 30-year-old technology more »

AMD Refreshes Athlon 64 CPUs

Four 64-bit chips with fast cache join Athlon family. more »

Sony to exit key handheld arenas

Sony is scaling back its Clie handheld line and will bow out of the U.S. and European markets for PDAs more »

CeBIT America means business

In its second year, show improves in size and focus more »