FC: U.S. appeals ct: Bible-quoting Corinthians.com owner keeps domain

From: Declan McCullagh (declanat_private)
Date: Thu Dec 06 2001 - 07:32:10 PST

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    "Is nothing sacred? Brazilian soccer team wants Bible domain"
    http://www.politechbot.com/p-01257.html
    
    "Corinthians.com bible-quoting owner loses to Brazil soccer team"
    http://www.politechbot.com/p-01285.html
    
    ---
    
    http://www.ca1.uscourts.gov/cgi-bin/getopn.pl?OPINION=01-1197.01A
    
    LYNCH, Circuit Judge.  This case raises important issues
    about the relationship between the Anticybersquatting Consumer
    Protection Act ("ACPA") and the World Intellectual Property
    Organization ("WIPO") dispute resolution procedures under the Uniform
    Domain Name Dispute Resolution Policy ("UDRP").  This is a dispute
    between Jay D. Sallen, a resident of Brookline, Massachusetts, and 
    Corinthians Licenciamentos LTDA ("CL"), a Brazilian corporation, over
    Sallen's registration and use of the domain name corinthians.com.  We
    are asked to determine whether Sallen, a domain name registrant who has
    lost the use of a domain name in a WIPO dispute resolution proceeding
    that declared him a cybersquatter under the UDRP, may bring an action
    in federal court seeking (1) a declaration that he is not in violation
    of the ACPA; (2) a declaration that he is not required to transfer the
    domain name to CL; and (3) such relief as necessary to effectuate these
    ends.(1) The district court held that federal courts lack jurisdiction
    over such claims.  For the reasons that follow, we reverse the district
    court and hold that there is federal jurisdiction over such claims.
    [...]
    
    
    
    
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