February 2012

Kelly McCarthy on cybersquatting in The Westlaw Journal – Computer & Internet


New York Federal Judge Denies Jurisdiction Over Alleged California Cybersquatter

Because a New York federal court lacks jurisdiction over a California resident,the court should dismiss a lawsuit alleging she registered a domain name solely to profit by cybersquatting, a New York federal magistrate judge has recommended.

Phoenix-Dolezal v. Ni, No. 11 Civ. 3722, 2012 WL 121105 (S.D.N.Y. Jan. 17, 2012).
“This case is interesting because it reads like short primer on traditional personaljurisdiction and minimum contacts. The twist is that the defendant is a domain name owner,” said Kelly P. McCarthy, an intellectual property partner at Sideman &Bancroft LLP, who advises clients on cyber-squatting matters.