Hi,
I'd like to bring a lawsuit against a person for violating a Cyber
piracy law in California (Business and Professions Code 17525). I have
not been able to find a lawsuit filed based on this statute online or
in the records of the courts. This is a cybersquatting law, regarding
domain names.
Without going into too much detail, I understand that the Federal Code
have a similar law (15 USC 1125), but also requires registrars to file
a certificate to the court giving the court control over the domain
name, to avoid liability.
The california law does not provide this level of protection. I fear
that if I file the suit, the defendent will simply cancel or dump the
domain name, in an effort to avoid the lawsuit, and to make life
harder for me. I can't get a TRO because I can't prove that the
defendent WILL do this, which I understand is a requirement. (Code of
Civ. Pro. 527 (c) 1)
I'd like to know, to the best of your knowledge, if a court in
California, would be able to issue a Preliminary injunction on
GoDaddy, an Arizona Corporation, to deposit a certificate, or "lock" a
domain name pending action.
Can a court issue preliminary injunctions against an out-of-state
corporation. I do believe GoDaddy falls under jurisdiction because
they do a lot of business there, but does this empower a court to
issue an injunction on them. Or do I need something like a Letter
Rogatory to have an Arizona Court do this?
I'm also not suing Godaddy. I'd just like to ensure that I can protect
the domain name from being dumped after the defendant get's his
summons.
(Note: I'm aware of a UDRP option, but I prefer to have the defendent
pay for the costs of getting the name. I can't file the case in Fed.
Court because the 1129 statute only permits the "owner of the mark". I
have legitimate interests and rights for the domain name and am
running an official site, which I own.) |