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In rem cases against domain names
Posted by Kevin Chen on Tuesday, September 10 @ 03:32:09 EDT News
Originally reported by How Appealing, found via Delaware Law Office...

Article from The Register discussing a couple of cases by the Fourth Circuit which recently ruled that jurisdiction on domain names existed physically in Virginia even if the registrant has no other connection to VA. This is a side-effect of Congress' 1999 Anti-Cybersquatting Consumer Protection Act, which made domain names property. This is different from other country's view of domain names, which are treated more like signs rather than a physical property.

Related links:

  • Porsche Cars North America, Inc. v. Porsche.net
  • Harrods Limited v. Sixty Internet Domain Names

    Vocab: (for all those aspiring 1Ls)

    in rem

    -- from Black's Law: Involving or determining the status of a thing, and therefore the rights of persons generally with respect to that thing

    -- in plain English: importance of this term is that the location of the property determines which court has jurisdiction and enforcement of a judgment must be upon the property and does not follow a person (from law.com)

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