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No Shoes, No Service? Why Cybersquatting Has Outgrown The International Shoe Framework For Personal Jurisdiction, And The Need For Legislative Reform, Gregg M. Barbakoff
No Shoes, No Service? Why Cybersquatting Has Outgrown The International Shoe Framework For Personal Jurisdiction, And The Need For Legislative Reform, Gregg M. Barbakoff
Seventh Circuit Review
For more than a decade, the federal judiciary has struggled to reconcile the conflict between the territorial restrictions of International Shoe's framework for personal jurisdiction and cybersquatting claims filed pursuant to the Anticybersquatting Consumer Protection Act (ACPA). The International Shoe framework conditions the exercise of personal jurisdiction on a geographic nexus between a nonresident defendant and the forum state. Logically, this rubric is at odds with cybersquatting--a form of trademark infringement entirely within the virtual confines of the Internet.
In uBID, Inc. v. GoDaddy Group, Inc., the Seventh Circuit upheld personal jurisdiction over a nonresident corporation accused of …