Laws Of .com

U.S. Law Proposed to Target Infringing Websites Everywhere

A new U.S. Senate Bill entitled, “Combating Online Infringement and Counterfeits Act” proposes wide reaching powers for the U.S. Attorney General to seize or shut down access to domain names of Internet sites dedicated to infringing activities.  The infringing activities may include offering goods or services which infringe U.S. copyright or which bear a counterfeit trademark under U.S. law.  The Bill casts a wide footprint, applying to domestic and non-domestic domains, to include a domain name block list, like an Internet “no fly list”.  Court orders obtained under the law may be served upon domain name service providers, financial transaction providers and services that provide contextual or display advertisements to enforce the shut-down of the domain.

Similar to earlier U.S. anti-cybersquatting legislation, the proposed law permits in rem action against the domain name itself to facilitate easier pursuit, avoiding process service and jurisdictional squabbles.     

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