Cyberlaw Midterm Review Part 1. JURISDICTION

If the defendant transacts any business within the court’s geographical area of authority, or commits any tortious act that has an effect in such area.

The defendant, by contract, may agree to the jurisdiction.

It is possible to have Third Level Names?

A particular court may only consider a legal problem if the court has the authority to adjudicate that type of matter. This authority is referred to as?

To hear a dispute if the defendant has property in the state, even if it is not the property that is the subject matter of the laws suite. It is rarely asserted. Which jurisdiction is this?

For a court to enact the Due Process Clause of 14th Amendment, which two processes need to be met?

This basis of jurisdiction may be used even if such act has only occurred once. Unlike by doing business as discussed in previous slide.

Neither the court nor the parties may waive, or decide to overlook, a court’s ___________ jurisdiction.

Courts exercising Long-Arm jurisdiction for non-resident defendants will need to establish that this type of law has been first met.

The defendant is physically present in the geographic boundaries.

in this case, the defendant registered the plaintiff's trademarks as his own domain name. Defendant then requested $13,000 from plantiff in order to sell their trademark back to them. Plaintiff refused and took this matter to court. Which case is this?

In this case's court decision, the defendant & National Science Foundation’s motions were granted, as no rights under constitution were violated by a private company.

This is a federal agency that administers antitrust and consumer protection legislation in pursuit of free and fair competition in the marketplace.

Addresses the court’s ability to grant the type of relief sought by the allegedly injured party.

What are the basic two parts of a court decision?

In this case's court decision, after considering all of the evidence, and the circumstances that the defendant ceased and desisted websites in question, court decided that the district court did not err in denying the plaintiff's motion for judgment as a matter of law (i.e. Judicial safe harbor under Anti-cybersquatting Act applied.)

What is a Precedent?

This is a type of Personal Jurisdiction where the relationship between the defendant and the forum falls within “minimum contacts framework”.

The Specific Jurisdiction Test considers: (choose all that applies)

This type of website is one that only transmits information and does not sell a product or service online.

Subject matter Jurisdiction and Personal Jurisdiction are types of:

Gray area between these two topics become the Judge's decision wether to prosecute and to see if defendant targeted the forum state with emblems of forum presence.

The defendant uses the courts of a given state, it is considered that the defendant agreed to submit to that state’s jurisdiction.

This type of Personal Jurisdiction permits a court to exercise personal jurisdiction over a nonresident defendant for non-forum related activities when the defendant has engaged in “systematic and continuous” activities in the forum state.

Regarding the Pensacola Motor Sales vs. Eastern Shore Toyota LLC, what statute of law was the subject of this case?

The defendant actually answers the allegations appearing in the complaint without challenging the courts personal jurisdiction.

In this case's court decision, it was held that jurisdiction was proper and the defendant violated the Federal Trademark Dilution Act as he made commercial use (by trying to sell domain names) of the plaintiff's trademark.

Regarding the Panavision vs. Toeppen case, What was the statute or law in this case?

In this case, defendant holds a domain name very similar to the plaintiff and operates an internet news service from the plaintiff's state. The trademark is owned by the plaintiff's manufacturing based in the forum state, and has filed a five count complaint under the Federal Trademark Act. Defendant claims that the court had no jurisdiction over it. The plaintiff countered that the defendant had sufficient minimum contacts to justify long arm jurisdiction. which case is this?

The defendant is domiciled in the area.

What is the law enacted in 1999 that established a cause of action for registering, trafficking in, or using a domain name confusingly similar to, or dilutive of, a trademark or personal name?

This law was enacted in 1995 that is used heavily to sue domain name registrants in part to curb domain name abuses.

In this case, A consultant hired by the defendant created a large number of mini-websites, or microsites, using a computer program that he licensed to the company. New websites caught the attention of eBay and the plaintiff as their trademarks were part of many domains registered. As soon as it was known, defendant cancelled the contract of the consultant and removed the sites. However, the plaintiff took the matter to the court.

Questions relating to the _______________ may be raised at any time during the judicial process, even for the first time at the appellate level.

This refers to a court’s ability to adjudicate disputes over property physically located within the geographic boundaries of its authority.

In this case, the questions of law involved:

a) Personal jurisdiction can properly be exercised or not while the defendant and plaintiff are in different states?

b) Whether the Federal Trademark Dilution Act was violated as the mark is famous and defendant is making a commercial use of the mark?

Which case is this?

The question of law involved in this case were:

The defendant's anti-cybersquatting statutory defense, which asked the jury whether the defendant believed and had reasonable grounds to believe that its use of the domain names was a fair use or otherwise lawful, as they removed the sites immediately and there was no fear of continuous violation (Judicial Safe Harbor was available or not.).

A trademark owner can choose to pursue an administrative proceeding using this administrative system.

Regarding the Island Online vs. Network Solutions, INC, what statute of law was the subject of this case?

Jurisdiction over the parties. Mostly applied to the defendant in the lawsuit.

In this case, the plaintiff alleges that actions of the defendant under contract with National Science Foundation (a Government Agency) to be treated as Government action and the defendant's refusal to register three obscene domain names are to be taken as violation of First and Fifth Amendment of the constitution as well as violation of Article 1 of New York State constitution.

What are examples of TLD's (Top Level Domains)?

In this case, the plaintiff wanted to register three domain names while the defendant refused to register considering them obscene. Which case is this?

This type of website is one that actively solicits business such as a clothing company that creates a website to sell its products.

What are examples of SLD's (Second Level Domains)?