Xuan-Thao Nguyen, The Digital Trademark Right: The Troubling New Extraterritorial Reach of National Law, 81 N.C. L. Rev. 483 (2003), https://digitalcommons.law.uw.edu/faculty-articles/895
trademark, digitial trademark, extraterritorial, domain names, national law, domestic court, property transfer, intellectual property, anticybersquatting consumer protect act
The Anticybersquatting Consumer Protection Act authorizes the development of the digital trademark right. Under this new right, a trademark owner can petition a domestic court to transfer a foreign registrant's domain name to the trademark owner. The trademark owner does not need to travel to the foreign land for the litigation or to petition a foreign court for enforcement of the domestic court's decision. The property transfer order has a global effect, enjoining the foreign registrant from further use of its property in its home country. Is such extraterritorial extension of national law permissible? Does the new digital trademark right undermine international efforts attempting to resolve international domain name issues? This Article addresses these questions.