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

[Roeland Meyer <rmeyer@mhsc.com>]

Contrary to popular belief. The civil system is not the crimninal justice
system. In civil court, unless the complaint is dismissed with prejudice,
the complaint can get refiled. I've seen this go on as many as three times
before the judge gets tired of it and does the prejudicial dismissal. This
is usually caused by pro se plaintiffs as attorney's tend to not want to
piss off a courthouse that they have to work in every day. The extremeists
eco-nazi groups were well known for this until they got some professional
legal help.

So, multiple bites at apples is not only possible, but is done more often
than you think.

This only applies to US courts, of course and ...

--
IANAL = I Am Not A Lawyer. Before taking legal action based on anything I
say or write, you are strongly encouraged to seek the advice of an attorney.




|> -----Original Message-----
|> From: Patrick Greenwell [mailto:patrick@stealthgeeks.net]
|> Sent: Sunday, October 28, 2001 8:35 AM
|> To: John Berryhill
|> Cc: [GA]
|> Subject: Re: [ga] WIPO Arbitrators Stern In Domain 
|> 'Hijacking' Rulings
|> 
|> 
|> On Sun, 28 Oct 2001, John Berryhill wrote:
|> 
|> > There are plenty of things wrong about the UDRP, and about 
|> many of the
|> > decisions under it.  However, the one thing that the UDRP 
|> provides is at
|> > least an opportunity for someone to make their case in 
|> simple terms and have
|> > it considered.
|> >
|> > If, instead, the domain name registrant were faced with a 
|> lawsuit in some
|> > remote jurisdiction, then the registrant is, most likely, 
|> not going to have
|> > the time or the means to make repeated appearances in that 
|> court, or to know
|> > how to deal with flurries of preliminary motions, or, 
|> really, to know how on
|> > earth one responds to a civil complaint in the first place.
|> 
|> But John, the UDRP represents two bites at the apple. If a 
|> complaintant
|> loses, they *still* can take the issue to court.
|> 
|> 
|> /\/\/\/\/\/\/\/\/\/\/\/\/\/\/\/\/\/\/\/\/\/\/\/\/\/\/\/\/\/\/
|> \/\/\/\/\/\/\/\/\
|>                                Patrick Greenwell
|>                  "There should be warning labels for politicians."
|>                             --  Derek Smalls
|> \/\/\/\/\/\/\/\/\/\/\/\/\/\/\/\/\/\/\/\/\/\/\/\/\/\/\/\/\/\/\
|> /\/\/\/\/\/\/\/\/
|> 
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