RE: Re[2]: [ga] WIPO Arbitrators Stern In Domain 'Hijacking' Rulings

[Roeland Meyer <rmeyer@mhsc.com>]

Hello John,

My impression was that it was custom,ary to file in the defendant's home
turf.

|> From: John Berryhill [mailto:john@johnberryhill.com]
|> Sent: Sunday, October 28, 2001 6:47 AM
|> 
|> From: "William X Walsh" <william@userfriendly.com>
|> >
|> > The issue is that they MUST submit to the UDRP.  At the 
|> very minimum
|> > the domain registrant should be able to reject the UDRP 
|> process, and
|> > thus select to have the matter tried in court should the 
|> complainant
|> > think they have a case that meets the higher standard the 
|> law places.
|> 
|> The problem is that the plaintiff gets to pick where that 
|> suit is filed.
|> See, e.g. the sequence of events noted at www.strick.com.
|> 
|> UDRP rule 4(k) states that the domain name registrant may 
|> decide to take the
|> matter to court at any time, including prior to a decision 
|> in the UDRP
|> proceeding.  If there is such pending litigation, the UDRP 
|> decision will not
|> be implemented.  So, how does the present UDRP not do what 
|> you are proposing
|> be done?
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