Reverse Domain Hijacking!

[SDX]

Ok, I am the unfortunate victim of a company trying to REVERSE Domain Hijack a very powerful domain from me.
...
What options do I have other than a lawyer?
...
How about ICANN, WIPO, NAF, anyone who can bring justice to my case?!

[sdsinc]

What happened exactly ? Have you been wipoed yet ?

[SDX]

No, they didn't stand a chance with WIPO or NAF so they filed a lawsuit against my domain in their state...the lowest and most vicious action that could have been taken.

[maroulis]

what's the domain?

[Raider]

Is a Judgement against a domain enforceable if the owner of the domain resides in another state?...

Sorry to hear it Peter.

[lordbyroniv]

Make a motion to change venue

[Dave Zan]

Originally Posted by Raider

Is a Judgement against a domain enforceable if the owner of the domain resides in another state?

http://www.law.cornell.edu/uscode/ht...5----000-.html

(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) of this section; 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.

http://en.wikipedia.org/wiki/Jurisdiction_in_rem

Jurisdiction in rem (Latin, power about or against "the thing") is a legal term describing the power a court may exercise over property (either real or personal) or a "status" against a person over whom the court does not have "in personam jurisdiction". Jurisdiction in rem assumes the property or status is the primary object of the action, rather than personal liabilities not necessarily associated with the property (quasi in rem jurisdiction).

There are a few decisions involving in rem, one of which:

http://blog.internetcases.com/2005/0...nder-the-acpa/

Unfortunately, SDX, you might have to fight it in court or risk losing it.

[Raider]

What if you transfer the domain to a Foreign Registrar?

Salamat Dave!

[jberryhill]

Couple of things....

Whether a judgment is "enforceable" is not relevant, as a practical matter, to whether a registrar will transfer the domain name if it receives one. Many registrars, if they receive something that appears to be a court order - from any court - will transfer a domain name.

Dave mentioned jurisdiction _in rem_. That only applies as a practical matter in three places- (1) the location of the registrar, (2) Herndon, VA - the location of the .com registry, (3) Mountain View, CA - the offices of Verisign, the .com registry.

Whether or not the defendant is subject to the jurisdiction of this court, or any other court, depends on a variety of circumstances.

As far as transferring the domain name goes... if the plaintiff has already notified the registrar of the litigation, then the registrar, pursuant to the RAA, has locked the name and it can't be transferred. Also, transferring the domain name after a claim is made gives the appearance of attempting to flee, and doesn't help the optics at all.

[Focus]

Dude, if you want to keep the domain name you are going to have to retain the services of a good lawyer and cough up the fees involved, otherwise I can see this name going bye bye unfortunately my brother.

[SDX]

I agree...fight fire with fire!
...
I think I already know, but can you guys tell me who are the best of the best lawyers dealing with these kind of vicious and vile lawsuits?
(just want to make sure before I pay the fees)

[Focus]

John Berryhill is who I would hire if he will take the case..

[Dave Zan]

Originally Posted by Raider

What if you transfer the domain to a Foreign Registrar?

Salamat Dave!

As John said it depends. But Dell Computer managed to secure and enforce a
court order on VeriSign to lock out 3 offshore registrars as part of their suit.

Ayos lang.

Originally Posted by jberryhill

Whether a judgment is "enforceable" is not relevant, as a practical matter, to whether a registrar will transfer the domain name if it receives one. Many registrars, if they receive something that appears to be a court order - from any court - will transfer a domain name.

I'll vouch for that. I recall an LLLL.com that expired but remained locked for 3
years (I think) due to a civil suit between its registrant and a 3rd party, both
of whom are in a country apart from the registrar.

I read they eventually settled, which included transferring the expired domain
name to them. It's in paid standing and under that 3rd party as of this post.

Originally Posted by jberryhill

Dave mentioned jurisdiction _in rem_. That only applies as a practical matter in three places- (1) the location of the registrar, (2) Herndon, VA - the location of the .com registry, (3) Mountain View, CA - the offices of Verisign, the .com registry.

Whether or not the defendant is subject to the jurisdiction of this court, or any other court, depends on a variety of circumstances.

As far as transferring the domain name goes... if the plaintiff has already notified the registrar of the litigation, then the registrar, pursuant to the RAA, has locked the name and it can't be transferred. Also, transferring the domain name after a claim is made gives the appearance of attempting to flee, and doesn't help the optics at all.

Thanks for the clarification on the jurisdiction in rem thing. I originally thought
of posting in_rem from Wikipedia, but I read it dealt with property and I didn't
want people bringing up that domains-property debate again.

So practically SDX can lose the domain name via court, depending on a couple
of things. At least one knows what to possibly expect, but still has to take it
on if they don't want to surely lose it.

Say, SDX, if you're really in California, try Brett Fausett and Derek Newman.
Who's the registrar to try narrowing your search also aside from John B?

[SDX]

Originally Posted by Dave Zan

As John said it depends. But Dell Computer managed to secure and enforce a
court order on VeriSign to lock out 3 offshore registrars as part of their suit.

Ayos lang.



I'll vouch for that. I recall an LLLL.com that expired but remained locked for 3
years (I think) due to a civil suit between its registrant and a 3rd party, both
of whom are in a country apart from the registrar.

I read they eventually settled, which included transferring the expired domain
name to them. It's in paid standing and under that 3rd party as of this post.



Thanks for the clarification on the jurisdiction in rem thing. I originally thought
of posting in_rem from Wikipedia, but I read it dealt with property and I didn't
want people bringing up that domains-property debate again.

So practically SDX can lose the domain name via court, depending on a couple
of things. At least one knows what to possibly expect, but still has to take it
on if they don't want to surely lose it.

Say, SDX, if you're really in California, try Brett Fausett and Derek Newman.
Who's the registrar to try narrowing your search also aside from John B?

Yes, the registrar is GoDaddy.
...
I don't want to comment too much, but they are trying to hijack my domain on the allegations of a "common trademark" law...in their state.

[domaingenius]

I see this is going to happen more and more as domains get scarcer and other companies start using more obscure tld's like .info build up IP rights in a particular name and then try and grab the .com as well. It can only get worse I think.
I had same thing happen to me. I am in UK and large corporation in USA issued Court Action in USA against me. I was luckily able to act for myself and speak to Judge over telephone conference call and eventually matter was resolved.

DG

[SDX]

Originally Posted by domaingenius

I see this is going to happen more and more as domains get scarcer and other companies start using more obscure tld's like .info build up IP rights in a particular name and then try and grab the .com as well. It can only get worse I think.
I had same thing happen to me. I am in UK and large corporation in USA issued Court Action in USA against me. I was luckily able to act for myself and speak to Judge over telephone conference call and eventually matter was resolved.

DG

Hmm...how did you get to the judge over the phone?
...
I also want to know whether my registrar is OBLIGATED to lock the domain when any kind of frivolous lawsuit comes up?
(I don't even mean a NAF or UDRP dispute)

[jberryhill]

I also want to know whether my registrar is OBLIGATED to lock the domain when any kind of frivolous lawsuit comes up?

Yes.

Technically, it is supposed to be a "court of competent jurisdiction", but registrars don't sit around getting a legal opinion on whether any particular court is of competent jurisdiction.

It can be federal court, state court, small claims court, tennis court, food court, whatever. As long as it's a court, they'll lock it. They'd lock it if you went on the Judge Judy show.

Why, just the other day, I was in food court, and a hamburger was suing a burrito for a salt.

[Focus]

It can be federal court, state court, small claims court, tennis court, food court, whatever. As long as it's a court, they'll lock it. They'd lock it if you went on the Judge Judy show.

Why, just the other day, I was in food court, and a hamburger was suing a burrito for a salt.

Dude, you are killin me

[jberryhill]

Dude, you are killin me

Hey, food court is a tough place.

I was only there because I was representing a banana on appeal.