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Alex Reese
Alex Reese, Lawyer
Category: Intellectual Property Law
Satisfied Customers: 3106
Experience:  Experienced in intellectual property law
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Domain name dispute resolution. Lets say one person buys a

Customer Question

Domain name dispute resolution. Lets say one person buys a domain with a trademark in. The trademark owner wants the domain back, plus damages. In the USA I know of the ACPA method to sue up to $100k per domain, and the UDRP method to just get the domain
transferred to you. It would seem that if the owner of the domain is outside the USA, ACPA is unenforcable. There may be a similar process in that domain owners country, but bringing suit in a foreign country is often even more expensive. My question is; are
there any cases you can find where someone (or a company) has been fined or imprisoned for using a trademark in a domain, where the infringer was in a different legal jurisdiction? (for example Panama, when the trademark owner was in the USA). Thanks.
Submitted: 2 years ago.
Category: Intellectual Property Law
Expert:  Alex Reese replied 2 years ago.
hello. imprisonment is highly unlikely, but damages could result from a legal action of course, but yes foreign litigation is difficult and expensive, although there are international treaties where member countries recognize IP rights of other countries' citizens. UDRP can be used to obtain the domain but it usually requires some showing of bad faith or trademark confusion/damage. I am unaware of any mechanism for imposing fines.

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