Artificially flavored drink maker Tang trips up stolen domain lawsuit

Discussion in 'Legal Issues and Dispute' started by Prashant Sharan, Mar 27, 2019.

  1. Prashant Sharan

    Prashant Sharan India Member

    Oct 1, 2018
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    Judge questions trademark rights in stolen domain lawsuit.

    Victims of domain name theft frequently turn to Virginia courts to get their domain names back. It works like this:

    1. File a lawsuit under the Anticybersquatting Consumer Protection Act claiming that the thief is cybersquatting.
    2. Say that the victim has common law trademark rights in the domains on the basis of showing pay-per-click ads related to the domain topics.
    3. File as an in rem case against the domains (the thief’s identity probably isn’t know).
    4. Thief doesn’t show up so judge issues a default judgment and asks Verisign (located in Virginia) to transfer the domains to the plaintiff
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