What if the mark owner can find the domain name holder?
The mark owner can bring suit in the judicial district in which the domain name registration authority (registrar or registry) which registered the domain name is located either if the court there finds that it does not have jurisdiction over the domain name holder in person, or if the domain holder cannot be located.
. But the court must have authority over the registry or registrar holding the domain registration. All .com, .org and .net domain names are subject to the ACPA because the registry, Network Solutions, is located in the US. If the court does not have jurisdiction over the domain name registrar or registry, however, it will be difficult for the court to enforce its order outside the US. If neither the domain holder nor the mark owner has any contact in the US, then it isn’t likely either can seek protection under US domestic laws, however, this is a question decided under treaties that govern international protection of trademarks. In such cases, the UDRP may be a more useful forum for the trademark owner to use.
