Usual court VS WIPO and vice versus

[NameSniper.com]

Hello everyone,

I am wondering,what if the respondent and the complainant are loacted in the same country,does teh usual court has a jurisdiction to judge the case?

And what if there is a WIPO decision can you protest it in a usual court or vice versus?

Also can a local ccTLD registrar refuse your right to renew your domain name if there was no court decision ?

Best Regards,
Namesniper

 

[Dave Zan]

Hello everyone,
And what if there is a WIPO decision can you protest it in a usual court or vice versus?

Ideally a court decision takes precedence over a WIPO UDRP decision. But it
can work only if both parties are in the same area.

Search google for the barcelona.com case. That's one classic example.

Also can a local ccTLD registrar refuse your right to renew your domain name if there was no court decision ?

The best way to answer that is to check the ccTLD registrar's legal fine prints
to make sure. But AFAIK, every registrar has a right of refusal clause for any
reason they see fit.

 

[NameSniper.com]

Search google for the barcelona.com case. That's one classic example.

Good example and yes it will work only if both parties are in teh same country.

In my case,i own the country name.ccTLD and in case of issues "both parties will be loacted in the same country"

Any lawyers here?

As of ccTLD agreement then its so "unclear" that the governmant can use it in any way they need..

"By registration of your domain name on the Internet, the registrar,are accepting in good faith that you have the right to use such name. We will revoke domain if it is proved that the domain is being used to spam and/or otherwise used for any illegal or inappropriate purposes."

There is no case yet but i am just interesting...
Anything can be established as "being used to spam and/or otherwise used for any illegal or inappropriate purposes"

Best Regards

Ideally a court decision takes precedence over a WIPO UDRP decision. But it
can work only if both parties are in the same area.

Search google for the barcelona.com case. That's one classic example.



The best way to answer that is to check the ccTLD registrar's legal fine prints
to make sure. But AFAIK, every registrar has a right of refusal clause for any
reason they see fit.

 

[jberryhill]

Ideally a court decision takes precedence over a WIPO UDRP decision. But it
can work only if both parties are in the same area.

I have about zero idea what is meant by that.

First, whether the UDRP is at all relevant to a ccTLD question depends on the ccTLD.

Second, whether any particular court has competent jurisdiction over a domain name depends on the locations of the parties, the locations where the parties do business, the location of the hosting server, the location of the registrar, the location of the registry, the terms of the registration agreement, what the domain name has been used for, among other things that might uniquely bear on your particular situation.

Search google for the barcelona.com case. That's one classic example.

There are three barcelona.com cases: the wipo decision, the district court decision, and the appellate court decision. What anyone might make of the results of a google search, and which part of the story they might find as a result, is anybody's guess.

 

[NameSniper.com]

Second, whether any particular court has competent jurisdiction over a domain name depends on the locations of the parties, the locations where the parties do business, the location of the hosting server, the location of the registrar, the location of the registry, the terms of the registration agreement, what the domain name has been used for, among other things that might uniquely bear on your particular situation.

A comprehensive reply John!

I have about zero idea what is meant by that.

First, whether the UDRP is at all relevant to a ccTLD question depends on the ccTLD.

Second, whether any particular court has competent jurisdiction over a domain name depends on the locations of the parties, the locations where the parties do business, the location of the hosting server, the location of the registrar, the location of the registry, the terms of the registration agreement, what the domain name has been used for, among other things that might uniquely bear on your particular situation.



There are three barcelona.com cases: the wipo decision, the district court decision, and the appellate court decision. What anyone might make of the results of a google search, and which part of the story they might find as a result, is anybody's guess.

 

[jberryhill]

A comprehensive reply John!

What I'm trying to say is that an Englishman registering a .co.uk which is similar to an English trademark presents an entirely different situation from a Canadian registering a .ws which is similar to a Mexican trademark.

 

[NameSniper.com]

Yes at least thats what i understood from your reply.

As of renewal,then it seems any regsitrar can refuse to renew the domain for a wide range of "reasons"

What I'm trying to say is that an Englishman registering a .co.uk which is similar to an English trademark presents an entirely different situation from a Canadian registering a .ws which is similar to a Mexican trademark.