Internet Counterfeiters and Pirates Beware! Your Domain Names Are Subject to Seizure

Counterfeiting and piracy never go out of style. Fake handbags and illegal copies of first-run movies can be found on city street corners and throughout Internet websites. These illegal activities have been in the U.S. government's cross hairs of late. In addition to Congress introducing legislation designed to protect against intellectual property theft, the Department of Homeland Security's principal investigative arm, Immigration and Customs Enforcement (“ICE”), has applied pressure to Internet-era counterfeiters and pirates. Approximately one year ago, ICE launched “Operation In Our Sites” (“OIOS”) in an effort to hit counterfeiters and pirates where they live (at least, on the Internet), namely their domains. Using a mixture of intellectual property, criminal, and customs statutes, ICE has seized approximately 120 domain names. All the seized domains were allegedly involved with trademark counterfeiting and/or criminal copyright infringement. This article discusses the brief and still evolving history of OIOS, its statutory authorities, and its implications for brand and creative content owners.