Published by LawTechie - January 12, 2015 - LawTechie

In a unique bit of jurisprudence, a federal court has awarded the transfer of several domain names to the plaintiff in a Federal Wiretap case.

My firm, Thompson Bukher LLP, secured the permanent injunction order on default when the anonymous defendants (predictably) failed to appear in the matter. The ruling is unique in the sense that it is one of the first cases where a federal court exercises its power to provide equitable relief pursuant to Section 2520(b)(1) of the Federal Wiretap Act. Currently, the far more frequent example of courts granting domain name transfer as remedy have been found in brand counterfeiting cases.

More often than not, seizure and transfer of the website domains used in harmful actions performed by anonymous, often foreign-based defendants is the only available recourse for a US-based plaintiff. It is good to see the courts begin to grant this equitable remedy where warranted.

Here’s the full text of the order:

Default Judgment and Permanent Injunction Order 2014.12.30

LawTechie is a blog focusing on trends in tech and digital media. Areas covered include intellectual property, cyberlaw, venture capital, transactions and litigation as they relate to the emerging sectors. The blog is edited by the firm's partner Tim Bukher with contributions from the firm's experts in their respective areas of law.

Contact

Enter your email to get started.