Google Answers Logo
View Question
 
Q: Preliminary Injunction on out-of-state third party ( No Answer,   0 Comments )
Question  
Subject: Preliminary Injunction on out-of-state third party
Category: Relationships and Society > Law
Asked by: coderoyal-ga
List Price: $30.00
Posted: 11 Jul 2006 20:32 PDT
Expires: 24 Jul 2006 13:09 PDT
Question ID: 745480
Hi,

This question is of an urgent nature, because the domain name will be
available to the public within the month. I am the plaintiff in a case
in California and have filed a lawsuit against a cybersquatter, which
registered a domain name consisting of a personal name of a minor (to
answer upfront.. minor lacks common law trademark so UDRP arbitration
is out of the question). Unlike a federal statute which requires
registrars or registry's to deposit a "certificate" to the court,
Cali. doesn't have this. Regardless of the details, I'd like to ask in
a general form the question below.

Can a California Court, issue a court order to a company outside of
California (not a party) and have that order be valid? Does the
supreme court ruling on minimum contacts jurisdiction apply to court
orders on companies outside of Cali. that do business in Cali.

As you probably figured by now, the Defendant is trying to avoid the
lawsuit and dumped the domain name from Godaddy, an Arizona
corporation. The domain name is held onto by the registrar for a short
period of time before being released.

I am hoping that through a Preliminary injunction hearing, I will be
able to request and get an order for either Network Solutions in
Virginia, the registry, or Godaddy software, the registrar, to turn
control of the domain over to the court during the pendency of the
action.

Clarification of Question by coderoyal-ga on 24 Jul 2006 13:09 PDT
Thank you for your response.

Please know we are happy to comply with any court order and do not
havespecific requirements that the court order be provided through
thestate of Arizona.  Once this information is obtained it can be sent
to compliance@godaddy.com.  We are also providing information
regarding the Uniform Domain Name Dispute Policy for your review:
http://www.godaddy.com/gdshop/legal_agreements/show_doc.asp?se=%2B&pageid=UNIFORM%5FDOMAIN

When we receive notice from WIPO or court orders regarding domain
disputes the domain is placed in a registrar lock meaning that neither
party has access to the domain but the domain is not released to the
registry.

Once the dispute is resolved and we receive this notice from WIPO the
domain lock is removed and the domain is awarded to the appropriate
party. If the office can assist you with further comments or concerns,
let us know.
Answer  
There is no answer at this time.

Comments  
There are no comments at this time.

Important Disclaimer: Answers and comments provided on Google Answers are general information, and are not intended to substitute for informed professional medical, psychiatric, psychological, tax, legal, investment, accounting, or other professional advice. Google does not endorse, and expressly disclaims liability for any product, manufacturer, distributor, service or service provider mentioned or any opinion expressed in answers or comments. Please read carefully the Google Answers Terms of Service.

If you feel that you have found inappropriate content, please let us know by emailing us at answers-support@google.com with the question ID listed above. Thank you.
Search Google Answers for
Google Answers  


Google Home - Answers FAQ - Terms of Service - Privacy Policy