DOMAIN NAME HIJACKING

Another problem, arising from the strategies of scam-artists, rather than the machinations of corporate lawyers, is straight-out domain name hijacking. This occurs when you have a domain name that is valuable in and of itself, like Sex.com, and someone uses a deceptive device, such as a forged letter, to take over control of the registration. Not precisely actionable as cybersquatting, such a claim may be redressed under a variety of common law claims and under the federal action for declaratory relief. These lawsuits are recognized in the United States, but if your domain name is stolen and re-registered to a registrar in a foreign jurisdiction, there may be other, perhaps insurmountable problems, to recovering that domain name. The law in this area is barely formed. Not until November 27, 2000, was a domain name held to be a form of personal property in California. The influential Eastern District of Virginia has ultimately followed suit in recent decisions, and whether a domain name is property no longer seems to be in doubt. Suffice it to say that a valuable domain name, once jacked, stimulates an immediate need for court action to recover it. In these circumstances, please arrange a consultation immediately.

Next Page --->