Owners of the U.S. registered trademark "CNN," sued the domain name "CNNews.com," registered by Maya Online Broad-bank Network ("Maya"), in U.S. Federal Court. In the lawsuit, CNN claimed that Maya had registered and was using the domain name in bad faith. Maya moved to dismiss the complaint and attacked the constitutionality of the ACPA's in rem jurisdiction provisions. Maya argued that in order for a domain name to be subject to U.S. jurisdiction, the domain name holder must have minimum contacts with the United States. Maya argued that, as a Chinese news company located and doing business exclusively within China-whose web site is in Chinese, with 99.5% of its registered users located within China, and the registrar for the domain name being located in China-Maya did not have sufficient minimum contacts with the United States to subject it to jurisdiction, consistent with the due process clause of the U.S. Constitution.
The Court denied Maya's motion to dismiss, holding that in rem jurisdiction was proper under the ACPA because the domain name itself was located within the forum, based on the presence of the Verisign Global Registry Services ("Verisign") (f/k/a Network Solutions, Inc.) -the ".com" registry, in Herndon, Virginia. This is an action against the physical property
A domain name is a physical piece of property and is located where it was created.
Cable News Network LP v. cnnews.com