Domain Names as Property (Again)

Slaw has discussed a couple of times [* *] whether domain names are property of any kind, including property that can be seized to satisfy creditors. The California Court of Appeal — Palacio del Mar Homeowners Assn., Inc. v. McMahon, Cal.Rptr.3d 2009 WL 1668294 (Cal. App. 4 Dist. June 16, 2009) [PDF] — has recently decided the latter question in the negative: no seizure. (Internet Cases has a summary.)

Part of the issue was whether the domain name was property that could be ‘levied upon by taking it into custody.’ If that’s the test then lots of intangibles that are otherwise considered to be property would escape seizure for creditors.

Could you seize a .ca name for creditors? Do the CIRA terms of reference [PDF] matter to the determination of that question, or would the court consult its own rules and law rather than be bound by a contract …. where the contract describes the rights that the debtor has in the domain name?

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