Property As A Basis For Jurisdiction
The Supreme Court has held that the mere fact of ownership of property within a state is not sufficient to provide minimum contacts for a court to hear cases unrelated to that property. However, the property alone provides a sufficient contact for a court having jurisdiction over that geographic area to adjudicate claims relating to the ownership of the property, or relating to injuries which occurred there. In that case, the jurisdiction exercised by the court is referred to in rem jurisdiction (i.e. jurisdiction over the thing), instead of in personam jurisdiction.
The U.S. Congress has enacted legislation which declares internet domain names to be property for the purposes of such jurisdiction. Therefore, when a webpage infringes a trademark, the owner of the trademark can sue in any jurisdiction where the webpage can be viewed - but only for the remedy of transferring ownership of the webpage to the trademark-holder.
Read more about this topic: Minimum Contacts
Famous quotes containing the words property as, property, basis and/or jurisdiction:
“Let’s call something a rigid designator if in every possible world it designates the same object, a non-rigid or accidental designator if that is not the case. Of course we don’t require that the objects exist in all possible worlds.... When we think of a property as essential to an object we usually mean that it is true of that object in any case where it would have existed. A rigid designator of a necessary existent can be called strongly rigid.”
—Saul Kripke (b. 1940)
“As a man is said to have a right to his property, he may equally be said to have a property in his rights.”
—James Madison (1751–1836)
“Self-alienation is the source of all degradation as well as, on the contrary, the basis of all true elevation. The first step will be a look inward, an isolating contemplation of our self. Whoever remains standing here proceeds only halfway. The second step must be an active look outward, an autonomous, determined observation of the outer world.”
—Novalis [Friedrich Von Hardenberg] (1772–1801)
“The putting into force of laws which shall secure the conservation of our resources, as far as they may be within the jurisdiction of the Federal Government, including the more important work of saving and restoring our forests and the great improvement of waterways, are all proper government functions which must involve large expenditure if properly performed.”
—William Howard Taft (1857–1930)