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by throwaway_jobs 2191 days ago
> There's no requirement that the domain owner's contact be a "registered agent."

That’s not what I said, or the point.

Example: If I launch fortran77.com and am infringing on your registered trademark, step 1 is for you to find the registered owner of the domain. Once you have that then you can find the business owners RA.

You can’t skip the step of identifying the owner of the infringing website to get to the RA. Assuming you are right and the infringing business would waive service of process (they won’t of course) but if they did you still need to identify the owner of the site to get request waiver of process.
1 comments
fortran77 2191 days ago
Yes, but I said holding the domain without conducting business under that name.
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throwaway_jobs 2191 days ago
Not sure if i’m picking up what you’re putting down.

I’m guessing maybe you register mymark.com, I get the Whois record and it’s not your legit business info but some made up business name and fake contact info.

Well if that’s the case, either icann will have some rule prohibiting registrations with fake info and maybe I could get the domain transferred once they confirm your info is fake or I could still file suit against the made up business and get my default/court order and then get icann to turn it over on that basis. But it’s all about that step 1, uncovering the domain owner (real or fake). Possibly I could subpoena the registrar and get your real info and/or payment info. Then I’d have to amend my complaint to add you (the legit business) and still have to serve your RA.

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