question In rem lawsuit for .ai domains?

[draco]

I purchased several .ai domains on a domain marketplace. The owner apparently decided they're unhappy with the price and they're refusing to transfer the domains. No fast transfer, they have to do it. I'll get my money back from the marketplace once the required time has passed.

Identity Digital has offices in the USA, but they only operate the .ai Registry. I'm in the USA and so is the marketplace.

I would obviously like the domains. Can an In rem lawsuit be used for contract violations and would there be jurisdiction?

Thank you in advance.

 

[pb]

It will heavily depend on T&C and disclaimers (which may, or may not hold legal value), but you could try suing the marketplace and they will have to co-sue* the seller. If I'm not mistaken, you don't even know the seller's identity, while they do.

(*) probably not a proper legal term but I hope it's clear in the context

 

[jberryhill]

1. In rem jurisdiction over domain names applies to ACPA claims only. A domain name does not breach a contract.

2. What's more important is you refer to a "marketplace". Which one? For example, if you are talking about Sedo, then their terms establish jurisdiction over contract disputes in Massachusetts.

The terms of the contract, and its dispute provisions, are the more interesting conditions here.

e.g.

 

[draco]

1. In rem jurisdiction over domain names applies to ACPA claims only. A domain name does not breach a contract.

2. What's more important is you refer to a "marketplace". Which one? For example, if you are talking about Sedo, then their terms establish jurisdiction over contract disputes in Massachusetts.

The terms of the contract, and its dispute provisions, are the more interesting conditions here.

e.g.


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It's Atom. Their terms state, "Governing Law and Venue. These ATOS and any arbitration or court proceedings arising under them are governed by the laws of the State of Illinois, excluding its conflict-of-laws principles, and by the FAA. For any dispute that is not subject to arbitration, the exclusive forum shall be the state or federal courts located in Cook County, Illinois, and each party consents to the personal jurisdiction of those courts."

There's similar language in several other sections of their TOS.

ATOS: Atom Terms of Service.


Seller Terms:

Once a domain has been purchased, you agree to transfer the domain promptly to an Atom managed registrar account or an Atom holding account in the same registrar or provide an Authorization Code (in case of a different registrar). The Atom team will then work with the buyer to assist them in transferring the domain to their ownership.

 

[jberryhill]

Well, off you go to Chicago then.