WASHINGTON, Dec. 6 /PRNewswire/ -- In an important decision
issued yesterday by a U.S. federal court, it was ruled that a domain
name owner who has lost a domain name in an Internet ICANN
proceeding can obtain a U.S. court decision to permit him to keep
the name. The decision was issued in a lawsuit that was filed to
overturn a decision of the World Intellectual Property Organization
("WIPO"), a Swiss organization which has been granted decision-
making authority by the Internet governing body, ICANN (Internet
Corporation for Assigned Names and Numbers). In a decision in July
of 2000, WIPO had decided that the domain name corinthians.com
should be transferred to a Brazilian corporation named Corinthians
Licenciamentos. The domain name had initially been owned by a U.S.
citizen for the posting of Biblical quotations.
The initial owner of the domain name requested that the federal
court declare that he was not a cybersquatter under the
Anticybersquatting Consumer Protection Act ("ACPA") and that the
domain name should not be transferred from him. In an initial
decision by the district court, it was decided that federal courts
did not have jurisdiction over the dispute involving the WIPO
decision. The initial decision was overturned, however, in the
appellate court decision issued yesterday, which ruled that U.S.
federal courts can make a determination that a domain name should
not be transferred if a plaintiff can prove that he has not violated
ACPA.
"This is an important decision," according to Stephen H.
Sturgeon, a Washington, DC Internet lawyer specializing in domain
name disputes, "It establishes a precedent for domain name owners to
obtain reversals of decisions issued by ICANN arbitration
organizations." Mr. Sturgeon, who practices in the U.S. District
Court of the Eastern District of Virginia, said that a number of new
lawsuits will probably be filed by disenfranchised domain name
owners to obtain decisions permitting them to keep their domain
names. The U.S. District Court of the Eastern District of Virginia
has been a major forum for cases involving domain names because
Network Solutions, the central registry of domain names, is located
in Virginia.
Full text of the decision in Jay D. Sallen V. Corinthians
Licenciamentos LTDA and Desportos Licenciamentos LTDA, is at http://www.ca1.uscourts.gov/cgi-bin/getopn.pl?OPINION=01-1197.01A
CONTACT: |
Stephen H. Sturgeon, Esquire |
|
202-393-8033 |
|
http://www.domain-name-dispute-lawyers.com/ |
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SOURCE Law Offices of Stephen H. Sturgeon & Associates, PC
Copyright 2000, PR Newswire