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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 Quote:
(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.
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http://en.wikipedia.org/wiki/Jurisdiction_in_rem Quote:
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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).
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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.