[registrars] FW: [nc-udrp] US Appeals Court Rejects WIPO UDRP Decision

["Michael D. Palage" <michael@palage.com>]

From John Berryhill.

Very relevant decision.

Mike

-----Original Message-----
From: owner-nc-udrp@dnso.org [mailto:owner-nc-udrp@dnso.org]On Behalf Of
John Berryhill Ph.D. J.D.
Sent: Monday, June 02, 2003 4:38 PM
To: nc-udrp@dnso.org
Subject: [nc-udrp] US Appeals Court Rejects WIPO UDRP Decision



The final word on Barcelona.com is in:

http://pacer.ca4.uscourts.gov/opinion.pdf/021396.P.pdf

The 4th Circuit concluded that the original domain name registration was
lawful, and has reversed the decision of the EDVA confirming the WIPO UDRP
decision, and remanded for appropriate relief.

As I had noted before, because the UDRP 4(k) litigation rule does not extend
to appeals, the domain name must now be transferred away from the City of
Barcelona to the original registrant.  Because the 4th Circuit can't
directly
grant relief, then the domain registrant must go back to the district court
on remand to get the order transferring the domain name back.

The only sensible approach would appear to be to maintain the status quo
until litigation has run its course, and there has been no reasoned
disagreement here with that principle.