Extending US Juridiction to Foreign Nationals

On 3/06/97, Dan L. Burk <burkdanl[_at_]shu.edu> wrote:
>
> On 6/2/97, Jeremy G. Byrne <jeremy[_at_]midnight.com.au> wrote:
> >
> > What provisions could _possibly_ exist to exert jurisdiction over a
> > "foreign defendant" hosting a site from a county outside the Berne
> > Convention, WTO etc. (such as Iran, Ethopia, the Cook Islands or
> > San Marino)?
>
> if the trademark infringement has an impact on U.S. commerce,
> U.S. nationals are involved, and the suit will not offend the
> substantive law of another soveriegn, U.S. courts will take
> jurisdiction under the Lanham Act

So what you're saying is that the foreign national would be prosecuted, under the Lanham Act, in a US Court, under US Law. Is this regardless of whether the foreign national is offending substantive law in his or her own country? How would you forsee the US Courts might proceed from a judgment against a foreign national in such a case? Via extradition treaties? Do these typically extend to cover "crimes" involving IP/copyright?

CYa,
JEREMY Jeremy G Byrne
<jeremy[_at_]midnight.com.au> Received on Wed Jun 04 1997 - 11:06:00 GMT