Anyone interested in registry obligations to provide registrar certificates for domain names in ACPA actions should read Continental Airlines Inc. v. ContinentalAirlines.com and ContinentalExpressAirlines.com, 390 F. Supp. 2d 501 (E.D.Va. July 13, 2005).

The Court says in a footnote that “because Verisign, the registry of the domain names [and is the .com and .net registry], is located in this judicial district, it is irrelevant that Verisign declined to submit a registrar certificate or other documentation with the Court to establish the Court’s authority over the domain names. See CNN, 177 F. Supp. 2d at 514 n.17. The registrar certificate merely serves to establish the domain name’s situs, an unnecessary step where, as here, the domain name registry is within the Court’s jurisdiction. (Emphasis added) See 15 USC §1125(d)(2)(C)(i)-(ii).”

This is a very useful decision for anyone with non-US registrar issues involving .com and .net domain names.

In 2002, the Mashantucket Pequot Tribe, owners of the Foxwoods Resort and Casino in Connecticut, filed suit in federal court against Raymond Redican Jr. over his registration of the domain names Foxwood.com and Foxwood.org. In March 2004, the US District Court for the District of Connecticut denied Redican’s motion to dismiss. The Mashantucket Pequot Tribe v. Raymond Redican Jr. dba CBNO Foxwood.com, 02-CV-1828 (D. Ct. Mar. 18, 2004). According to news reports, U.S. District Court Judge Janet Hall heard arguments yesterday that the domain names are confusingly similar to the tribe’s Foxwoods.com domain name.