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

Siebel Strengthens IBM, Microsoft Alliances

More than a year after it first revealed its "separate but equal" integration partnerships with Microsoft and IBM, Siebel says progress has been made in both endeavors more »

New Lawsuit Hits VeriSign and ICANN

A group of eight Internet domain name registrars has filed suit against the Internet Corporation for Assigned Names and Numbers (ICANN) and VeriSign more »

search.lt news

search.lt presents newest links more »

Bill Gates Outlines Technology Vision to Help Stop Spam

Microsoft Outlines Policy and Technical Proposals Aimed at Helping Contain The Spam Problem, Including the Development of Caller ID for E-Mail more »

Towards to the leading IT positions

Infobalt Association Starts OUTSOURCE2LITHUANIA Project more »

Hi-tech criminals target UK firms

British businesses are under siege by criminals and vandals using technology for financial gain or to cause havoc more »

The new services

HP points new weapons against virus, worm attacks more »

search.lt news

search.lt presents newest links more »

W3C adopts DARPA language

The Defense Advanced Research Projects Agency this month announced that the World Wide Web Consortium (W3C) approved a computer language based on DARPA Agent Markup Language (DAML) as an international standard more »

IBM to launch MS Office for Linux

Microsoft denies it is collaborating with Big Blue on Office migration more »