In Rem Jurisdiction
The ACPA also provides that the trademark owner can file an in rem action against the domain name in the judicial district where the domain name registrar, domain name registry, or other domain name authority registered or assigned the domain name is located if (1) the domain name violates any right of the trademark owner and (2) the court finds that the owner (a) is not able to obtain in personam jurisdiction over the person who would have been a defendant under 15 U.S.C. § 1125(d)(1); or (b) through due diligence was not able to find a person who would have been a defendant under 15 U.S.C. § 1125(d)(1) by sending a notice of the alleged violation and publishing notice of the action. This provision is rarely used, however, because many trademark owners can achieve the same results through a Uniform Domain Name Dispute Resolution Policy (UDRP) proceeding.
Read more about this topic: Anticybersquatting Consumer Protection Act
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