Since last year, we’ve watched with dismay Immigration and Customs Enforcement's increasing use of domain name seizures as part of its stepped-up IP enforcement strategy. Today, one of the seized domains is taking the issue to court.
Puerto 80, the Spanish company behind Rojadirecta.com and Rojadirecta.org, which were seized in January of this year, today filed a petition in the Southern District of New York for the return of those domains. The Rojadirecta site, which is made up of user forums and link indexes, has been found by two Spanish courts specifically not to violate copyright. The substantive brief in support of the petition outlines not only the reasons why the domains should be returned, but also the absurd roadblocks Puerto 80 has encountered in its efforts to work with government authorities to get this matter resolved without judicial intervention.
We're very glad that Rojadirecta is fighting back so that this and other domain name seizures can receive more careful judicial consideration. We'll be following the case closely and expect to weigh in as amicus as well.