[Ws2-jurisdiction] Automatische Antwort: Mandate and Scope of Jurisdiction Subgroup will be on Tuesday's Agenda

[Greg Shatan]

Kavouss,

This relates only to the Anticybersquatting Protection Act, which may be
found at: https://www.law.cornell.edu/uscode/text/15/1125.  The specific
language is in Section 1125(d)(2):
(A)The owner of a mark may file an in rem civil action against a domain
name in the judicial district in which the domain name registrar, domain
name registry, or other domain name authority that registered or assigned
the domain name is located if—
(i)
the domain name violates any right of the owner of a mark registered in the
Patent and Trademark Office, or protected under subsection (a) or (c); and
(ii)the court finds that the owner—
(I)
is not able to obtain in personam jurisdiction over a person who would have
been a defendant in a civil action under paragraph (1); or
(II)through due diligence was not able to find a person who would have been
a defendant in a civil action under paragraph (1) by—
(aa)
sending a notice of the alleged violation and intent to proceed under this
paragraph to the registrant of the domain name at the postal and e-mail
address provided by the registrant to the registrar; and
(bb)
publishing notice of the action as the court may direct promptly after
filing the action.
(B)
The actions under subparagraph (A)(ii) shall constitute service of process.
(C)In an in rem action under this paragraph, a domain name shall be deemed
to have its situs in the judicial district in which—
(i)
the domain name registrar, registry, or other domain name authority that
registered or assig
ned the domain name is located; or
(ii)
documents sufficient to establish control and authority regarding the
disposition of the registration and use of the domain name are deposited
with the court.
(D)
(i)The remedies in an in rem action under this paragraph shall be limited
to a court order for the forfeiture or cancellation of the domain name or
the transfer of the domain name to the owner of the mark. Upon receipt of
written notification of a filed, stamped copy of a complaint filed by the
owner of a mark in a United States district court under this paragraph, the
domain name registrar, domain name registry, or other domain name authority
shall—
(I)
expeditiously deposit with the court documents sufficient to establish the
court’s control and authority regarding the disposition of the registration
and use of the domain name to the court; and
(II)
not transfer, suspend, or otherwise modify the domain name during the
pendency of the action, except upon order of the court.
(ii)
The domain name registrar or registry or other domain name authority shall
not be liable for injunctive or monetary relief under this paragraph except
in the case of bad faith or reckless disregard, which includes a willful
failure to comply with any such court order.
(3)
The civil action established under paragraph (1) and the in rem action
established under paragraph (2), and any remedy available under either such
action, shall be in addition to any other civil action or remedy otherwise
applicable.
(4)
The in rem jurisdiction established under paragraph (2) shall be in
addition to any other jurisdiction that otherwise exists, whether in rem or
in personam.

On Mon, Jun 5, 2017 at 11:48 AM, Kavouss Arasteh <kavouss.arasteh at gmail.com>
wrote:

>
> "In one of your earlier mail , you have indicated that
> " In rem Jurisdiction dictates that the domain name is located in the
> United States "
> Is it for specific case or as a general Rule?
> Pls provide supporting materials
> Cheers
> Kavouss
>
> 2017-06-05 12:46 GMT+02:00 <Jorge.Cancio at bakom.admin.ch>:
>
>> I'm out of the office until June 15, inter alia, attending external
>> meetings. Emails will not be forwarded. I will only be able to access my
>> server from time to time.
>>
>> For urgent matters please contact our secretariat at ir at bakom.admin.ch
>> or +41 58 460 59 39
>>
>
>
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