The bill provides for in rem jurisdiction, which will allow a trademark owner to seek the forfeiture, cancellation, or transfer of an infringing domain name by filing an action against the name itself, if the trademark owner satisfies the court that it has exercised due diligence in trying to locate the owner of the domain name or is otherwise unable to obtain in personam jurisdiction over the domain name owner. INTA was instrumental in shaping the cybersquatting legislation since its introduction earlier this year. Working closely with House and Senate staff, INTA sought to develop an effective mechanism that is narrowly focused on bad faith acts. It is uncertain whether the Senate can overcome Senator Gramm's objections and resolve other concerns to gain final passage of the measure before Congress adjourns later this week. If passage is delayed, the conference report will be considered when Congress returns in January.
Proponents hope thereby to bypass longstanding objections by some senators to the patent reforms.
The House passed its version of the legislation in June, but there was no movement in the Senate until late October, when Senator Orrin Hatch introduced S.1798 and immediately scheduled a committee markup. The fate of this measure is now linked to the Satellite TV conference report, as discussed above.