A decision issued by the Eastern District of Virginia on July 14, 2005,
provides a useful basis for reviewing the in rem rules under the
Anti-Cybersquatting Consumer Protection Act. See NBC Universal Inc. v. nbcuniversal.com, 76 USPQ2d 1370 (E.D.Va. 2005).
1, The filing of a proceeding under the ICANN UDRP does not waive
the right to pursue an in rem ACPA action, either before, during or
acfter the UDRP action. See Barcelona.com, Inc. v. Excelenstisimo Ayuntamiento de Barcelona, 330 F.3d 617 (4th Cir. 2003); Parisi v. Netlearning, Inc., 139 F.Supp.2d 745 (E.D.Va. 2001).
2. A plaintiff is not limited in bringing a civil action to the
jurisdiction to which it submits under the UDRP procedures. Storey V. Cello Holdings, L.L.C., 347 F.3d 370 (2d Cir. 2003).
3. The U.S. Court need not abstain from exercising jurisdiction
over the domain name in deference to an action filied by the domain
name owner in a foreign jurisction.
4. In rem jurisdiction applies to infringement and dilution
claims involving the domain name, as well as ACPA claims. Herrods Ltd. v. Sixty Internet Domain Name, 302 F.2d 214 (4th Cir. 2002).
See also GlobalSantaFe Corp. v. Globalsantafe.com, 250 F.Supp.2d 610 (E.D.Va. 2003).
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ACPA In Rem Jurisdiction Principles
by
Mark VB Partridge
on Wed 07 Dec 2005 11:00 AM EST | Permanent Link
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