Brien A. Roche v. Worldwide Media, Inc. and Michael Howard Berkens

Cybersquating Act Claim - Plaintiff bought this suit claiming that he originally reserved the internet domain name "triallawyer.com" by registration with Network Solutions, Inc. Subsequent to his reservation of the domain name he received a confirmation from Network Solutions, Inc. that the domain name and site was reserved in his name. Sometime later, Plaintiff checked his newly-acquired site to confirm it was being reported to the public as "under construction," only to find that the domain name, when entered into his web browser, linked him to an explicit pornographic site maintained by Defendant. Based on this unanticipated viewing pornographic materials, Plaintiff claimed he was "deeply offended and disgusted" to the point that he filed suit.

Defendant moved to dismiss for lack of jurisdiction.

Motion to dismiss sustained.

Unknown

Unknown

This case is one of a growing number of decisions being rendered by the various federal district court addressing the question of when and under what circumstances courts have jurisdiction over the owners of Internet site whose principal places of business are in other states. Normally, a "passive" Web site normally is not subject to the jurisdiction of the courts other than the courts on its home state. See: Zippo Mfg. Co. v. Zippo Dot Com, Inc., 952 F.Supp. 1119 (W.D.Pa. 1997). For more information about this case, see 90 F.Supp.2d 714 (E.D.Va. 2000).

Reported by Kent Morlan