Quote:
Originally Posted by pornlaw
Not this pertains to the OP's original question but I need to correct this...
If you have domain names that are .com, .net, .org or any of the other US based domains then you do have assets in the US that can be taken. Its called an In Rem action.
Once there is a judgement, a smart creditor can ask the courts to seize the domains and place them into an auction to satisfy the judgement. You can lose the domains of your most important sites.
Second, if you have billing (or an affiliate site) through a US based billing company, then your money flows through a US bank and can be attached and taken before they are deposited in your bank.
If you have a trademark or copyrights in the US, those are also tangible property that can be seized and sold to satisfy the judgement.
To believe you can sit back and do nothing because the Plaintiff will have to come to my country is just incorrect.
Granted the value of those assets may not be enough to satisfy the judgement but losing all of your domains, especially the domain of your most profitable site might be enough to force you to deal with the judgement before your entire business is decimated and you have to begin all over with new domains.
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Are all com/net/org domains considered to be US assets in such a case, or does it depend on where the registrar where you purchased them is located? I mean, that sorta seems like one can fire up any kind of completely frivolous lawsuit that has absolutely no merritt (or is just something that is a really weak case) and if the other party doesn't spend potentially 10s of thousands defending themselves against it from abroad by hiring US lawyers you can take their domains. Seems like there's a ton of room for abuse here, especially if the defendant cannot afford to defend themselves abroad. Does the losing party in the US at least have to pay the winners legal fees?