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, basis and/or jurisdiction:
“When a strong man, fully armed, guards his castle, his property is safe. But when one stronger than he attacks him and overpowers him, he takes away his armor in which he trusted and divides his plunder.”
—Bible: New Testament, Luke 11:21.22.
“Our fathers and grandfathers who poured over the Midwest were self-reliant, rugged, God-fearing people of indomitable courage.... They asked only for freedom of opportunity and equal chance. In these conceptions lies the real basis of American democracy. They and their fathers give a genius to American institutions that distinguished our people from any other in the world.”
—Herbert Hoover (1874–1964)
“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)