IP: FIRST CIRCUIT RULES ACPA CAN BE USED TO OVERRULE ICANN UDRP

[David Farber <dave () farber net>]

> From: Will Doherty <wild () eff org>
>
> FIRST CIRCUIT RULES ACPA CAN BE USED TO OVERRULE ICANN UDRP
> In an important new decision, the First Circuit Court of
> Appeals has ruled that a U.S. court can apply the
> Anticybersquatting act to overturn an ICANN UDRP decision.
> The decision stems from a dispute over the corinthians.com
> domain. After a WIPO panelist ordered the domain
> transferred to a Brazilian soccer team, the domain name
> owner sought to have a federal court declare that he was not
> a cybersquatter under ACPA and declare that the name should
> not be transferred. The district court refused, ruling that
> there was no live dispute and declining to rule on the case.
> The appellate court overturned, finding that there was in
> fact a dispute over the domain itself and that Section
> 1114(2)(D)(v) of the ACPA "provides a registrant who has
> lost a domain name under the UDRP with a cause of action for
> an injunction returning the domain name if the registrant
> can show that she is in compliance with the ACPA."
> Decision at
> <http://www.ca1.uscourts.gov/cgi-bin/getopn.pl?OPINION=01-1197.01A>

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