GoDaddy’s Forum Selection Clause Binds Domain Registrant In Third Party Lawsuit

A recent decision by the United States District Court for the District of Arizona held, albeit in a default context, that a domain registrar’s forum selection clause in its registration agreement bound the domain registrant not just in a dispute with the registrar, but with a third party.  In LimoStars, Inc. v. New Jersey Car and Limo, Inc., the domain registrar was GoDaddy, which designated Arizona in its forum selection clause, and the domain owner was a New Jersey corporation.  The Court held the New Jersey corporation subject to personal jurisdiction in Arizona in a trademark infringement action brought by a third party.

So paying attention to a registrar’s forum selection clause may help companies anticipate where they might be sued if there’s a dispute about their domain names.  Also, companies with a claim involving another’s domain name may consider the registrar’s forum selection clause when deciding where to file suit.

This entry was posted in Internet and Domain Name Litigation, Trademark Litigation and tagged , .

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