A domain name is property of a debtor that is properly subject to judgment execution proceedings in the jurisdiction where the domain name registry is located, the U.S. Court of Appeals for the Ninth Circuit ruled. The court noted that under federal law, judgment execution proceedings are conducted in compliance with the law of the forum state; but California, where the registry for the .com names in question is located, contains no provision concerning execution on domain names. The court concluded that it could properly analogize to the Anticybersquatting Consumer Protection Act, which allows in rem proceedings against infringing domain names and which provides for jurisdiction in the place where the domain name registry is located. The court also opined in dicta that it saw “no reason why” domain names could not also be considered located where the relevant domain name registrar is located.
Office Depot v. Zuccarini, 2010 U.S. App. LEXIS 4052 (9th Cir. Feb. 26, 2010) Download PDF