Re: [ga] 4th Circuit Court of Appeals Reverses Barcelona.com Deci sion

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

From: "Marc Schneiders" <marc@fuchsia.bijt.net>

> > And the registrant is of course always free to pick any
> > place with jurisdiction over the TM owner, since this isn't a true
> > "appeal" but is technically a sort of collageral attack.
>
> I am not sure I get this. To stop the execution of the UDRP decision one
> has to file in the registrar's or registrant's jurisdiction. No?

Yes, that is what the UDRP says - the domain name will not be transferred if
a suit is filed in the specified jurisdiction.

However, it is also true that registrars are required to lock domains subject
to litigation.  The UDRP does not say that the domain name *will* be
transferred even if there is litigation elsewhere.





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