In 2017, the Paris Court of Appeal ordered France.com to transfer the domain name france.com to France (iptwins.com, 2021-04-28; iptwins.com, 2018-07 -05; iptwins.com, 2018-05-15). France.com had not taken the case before the French supreme court. Instead, this company sued France before the courts of the State of Virginia, claiming that the French State had committed:
- an act of cybersquatting;
- an act of reverse domain name hijacking;
- an expropriation without financial compensation;
- trademark infringement; and
- acts of unfair competition.
In defense, France asked the judge to dismiss France.com, Inc.’s claims based on sovereign immunity under the Foreign Sovereign Immunities Act (FSIA). In 2019, the court of the first instance rejected the French State’s request, not on the merits but because the issue of immunity could not be considered before discovery. However, on March 25, 2021, the Court of Appeal for the Fourth Circuit overturned this decision, recalling that the issue of immunity prevails over that of discovery. France.com had tried to overturn the presumption of immunity, but in vain (iptwins.com, 2021-04-28). Under these circumstances, France.com, Inc. has taken the case to the Supreme Court of the United States in the hope of overturning the decision rendered by the Court of Appeal (France.com, Inc., Petitioner v. The French Republic et al., No. 21-448).
Erratum (19 October 2021): an appeal was lodged before the French supreme court against the decision of the Paris Court of Appeal of September 22, 2017
