Digital Pandit
Well-Known Member
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:
Victims of domain name theft frequently turn to Virginia courts to get their domain names back. It works like this:
- File a lawsuit under the Anticybersquatting Consumer Protection Act claiming that the thief is cybersquatting.
- 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.
- File as an in rem case against the domains (the thief’s identity probably isn’t know).
- Thief doesn’t show up so judge issues a default judgment and asks Verisign (located in Virginia) to transfer the domains to the plaintiff
