Re: Re[4]: [ga] WIPO Arbitrators Stern In Domain 'Hijacking' Rulings

["John Berryhill Ph.D. J.D." <john@johnberryhill.com>]

From: "William X Walsh" <william@userfriendly.com>
>
> > 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.
>
> That needs to be removed completely.  The UDRP should not have any
> bearing on the jurisdiction of a court case.

Ummm... I said take a look at the sequence of events in the strick.com case.
The lawsuit was not filed in the jurisdiction specified by the UDRP.  The
complainant always retains the right to file a lawsuit in any jurisdiction
that will hear the case, and preferably one remote from the respondent.

> Besides, this section only gets invoked if the domain registrant has
> lost.

No.   Rule 4(k) says a suit can be brought even before there is a decision.

> > So, how does the present UDRP not do what you are proposing
> > be done?
>
> Because he then bears the cost of pursuing the litigation.  My point
> was that the registrant should be able to say, "I don't submit to
> arbitration on this, if you want to come after me for infringement,
> then you must do it in a court that has jurisdiction on this matter."

...and then the registrant bears the cost of pursuing the litigation, and
likely in a place she would prefer not to do so.


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