FC: U.S. appeals ct: Bible-quoting Corinthians.com owner keeps domain

[Declan McCullagh <declan () well com>]

Previous message:

"Is nothing sacred? Brazilian soccer team wants Bible domain"
http://www.politechbot.com/p-01257.html

"Corinthians.com bible-quoting owner loses to Brazil soccer team"
http://www.politechbot.com/p-01285.html

---

http://www.ca1.uscourts.gov/cgi-bin/getopn.pl?OPINION=01-1197.01A

LYNCH, Circuit Judge.  This case raises important issues
about the relationship between the Anticybersquatting Consumer
Protection Act ("ACPA") and the World Intellectual Property
Organization ("WIPO") dispute resolution procedures under the Uniform
Domain Name Dispute Resolution Policy ("UDRP").  This is a dispute
between Jay D. Sallen, a resident of Brookline, Massachusetts, and 
Corinthians Licenciamentos LTDA ("CL"), a Brazilian corporation, over
Sallen's registration and use of the domain name corinthians.com.  We
are asked to determine whether Sallen, a domain name registrant who has
lost the use of a domain name in a WIPO dispute resolution proceeding
that declared him a cybersquatter under the UDRP, may bring an action
in federal court seeking (1) a declaration that he is not in violation
of the ACPA; (2) a declaration that he is not required to transfer the
domain name to CL; and (3) such relief as necessary to effectuate these
ends.(1) The district court held that federal courts lack jurisdiction
over such claims.  For the reasons that follow, we reverse the district
court and hold that there is federal jurisdiction over such claims.
[...]




-------------------------------------------------------------------------
POLITECH -- Declan McCullagh's politics and technology mailing list
You may redistribute this message freely if you include this notice.
Declan McCullagh's photographs are at http://www.mccullagh.org/
To subscribe to Politech: http://www.politechbot.com/info/subscribe.html
This message is archived at http://www.politechbot.com/
-------------------------------------------------------------------------