Heathmount A.E. Corp. v. Technodome.com
United States District Court for the Eastern District of Virginia
60 U.S.P.Q. (BNA) 2018 (2000)
- Written by Wesley Bernhardt , JD
Facts
Heathmount A.E. Corp. (Heathmount) (plaintiff) was a Canadian entertainment company that owned the trademarks “TECHNODOME” and “DESTINATION:TECHNODOME.” Elliot Salmons, a resident of Ontario, Canada, registered the domain names technodome.com (defendant) and destinationtechnodome.com. Heathmount alleged that Salmons registered these domain names in bad faith and filed an in rem suit against technodome.com, alleging cyberpiracy under the Anticybersquatting Consumer Protection Act (ACPA). Technodome.com filed a motion to dismiss, arguing that the district court lacked jurisdiction over the case because the in rem provisions of the ACPA were unconstitutional. Specifically, Technodome.com argued that the in rem provisions of the ACPA violated the Fifth and Fourteenth Amendments to the United States Constitution because it allowed the court to exercise jurisdiction over individuals who had no ties to the United States.
Rule of Law
Issue
Holding and Reasoning (Cacheris, J.)
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