Xu v. Doe
1:19-cv-00279
E.D. Va.Jun 20, 2019Background
- Plaintiffs Zhangliang Xu, Xiansheng He, and Lijun Sun sued John Doe and five domain names (864.com, 00998.com, 00488.com, 0103.com, 1148.com) under the Anticybersquatting Consumer Protection Act (ACPA).
- Plaintiffs effected in rem service on the domain names’ registry (Verisign) and followed statutory and Rule 4(n)(1) procedures; no representative or defendant appeared or responded.
- The magistrate judge issued a Report and Recommendation to grant plaintiffs’ motion for entry of default judgment against Doe and the Domain Names; no objections were filed within 14 days.
- The court adopted the magistrate judge’s Report in full, finding subject-matter jurisdiction under 28 U.S.C. § 1331 and in rem jurisdiction under 15 U.S.C. § 1125(d)(2)(A).
- The court determined plaintiffs’ well-pleaded allegations were admitted by default and stated a viable claim under the ACPA.
- The court entered default judgment in plaintiffs’ favor and ordered transfer of the specified domain names to the plaintiffs’ registrar accounts; remaining claims were dismissed without prejudice.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Subject-matter & in rem jurisdiction | Court has federal-question jurisdiction and in rem jurisdiction over domain names | No appearance; no contest raised | Court found jurisdiction under 28 U.S.C. § 1331 and 15 U.S.C. § 1125(d)(2)(A) and venue proper under 15 U.S.C. § 1125(d)(2)(C) |
| Service of process on domain names/registry | Service complied with 15 U.S.C. § 1125(d) and Fed. R. Civ. P. 4(n)(1) | No appearance; no defense asserted | Service was proper under Rule 4(n)(1) and the ACPA provisions cited |
| Sufficiency of complaint to support ACPA claim | Complaint alleges facts supporting ACPA liability; allegations deemed admitted on default | No responsive pleadings | Complaint states a viable ACPA claim; allegations admitted by default |
| Appropriate relief (default judgment and domain transfer) | Transfer domain names to plaintiffs’ registrar accounts per 15 U.S.C. § 1125(d)(1)(C) | No opposition | Default judgment granted; specified domain names ordered transferred to plaintiffs’ registrar accounts; other claims dismissed without prejudice |
Key Cases Cited
No official-reporter case authorities were cited in the opinion.