Will I lose a domain if I lose a lawsuit in a non Mutual Jurisdiction?

[nextri]

I've been sued by a large corporation over a trademark dispute, and they are about to win by default and get a default judgment against me bacause I didn't show up to defend myself.
They are located in the US, and is suing me in the US, while I'm in europe, and the registrar is in europe.

As far as I can tell, the rules are clear about what is a Mutual Juristicion, but I'm afraid I'm missing something.

They are asking the court to order the registrar and the registry to turn the domain over to them, and put it on a registry-hold.

Will they succeed with this with a default judgment from a court in a non-Mutual Juristiction?

The domain is a .com

 

[DN BROKER]

If your going against a US corporation your out of luck. Jurisdiction or not, US Courts have greater power in protecting TM Laws.

 

[Dave Zan]

Will they succeed with this with a default judgment from a court in a non-Mutual Juristiction?

The domain is a .com

If they serve it on the registrar and/or Registry, then one of them obeys it, unfortunately yes.

 

[EM @MAJ.com]

Too bad. Most likely the registrar/registry will comply with their hold request. I suggest you to get in touch with a lawyer. Who's the corporation?

 

[nextri]

So the Mutual Jurisdiction thing in icann's regulations doesn't matter if they go to the registry with a court order?

---------- Post added at 01:17 AM ---------- Previous post was at 01:15 AM ----------

What would happen if the domain was transfered to someone else before they serve the registry with the registry-hold, so the judgment wasn't against the person who currently owns the domain.

---------- Post added at 01:47 AM ---------- Previous post was at 01:17 AM ----------

Does anyone know any similar cases where this has happened? a registry-hold due to a default judgment

 

[Dave Zan]

So the Mutual Jurisdiction thing in icann's regulations doesn't matter if they go to the registry with a court order?

---------- Post added at 01:17 AM ---------- Previous post was at 01:15 AM ----------

What would happen if the domain was transfered to someone else before they serve the registry with the registry-hold, so the judgment wasn't against the person who currently owns the domain.

---------- Post added at 01:47 AM ---------- Previous post was at 01:17 AM ----------

Does anyone know any similar cases where this has happened? a registry-hold due to a default judgment

1. Yup. I could be wrong, but it's not necessarily easy to just file in California (where VeriSign's HQ is in) or Virginia (where
their Registry services are at) and get an order just like that. Not without doing the law's detailed requirements, anyway.

2. Depending on the court order, it might be locked anyway no matter who's got it. They can try to file what's called an in
rem action, meaning against the domain name in the absence of an actual party who possesses it.

3. Only case I know is that against Belgiumdomains. Mind you, they were a registRAR locked out of the RegistRY during the
early domain tasting/front running sagas.

Bottom line, it depends how doggedly determined one or both parties are. If you don't want that to happen, you'll have to
find a way to answer that court's charge if ever.

Good luck.

 

[stewie]

Just a question... Why didn't you show up to defend your case???...
Now you are trying to find answers and save your domain. Your best chance is gone... I have no idea of your chances now or even if you're right or wrong since we don't know the name or the details.

so asuming you are in the right..Good Luck

hopefully you can fill us in later.

 

[nextri]

I didn't show up because of the costs involved in having to fight a case against a huge corporation on the other side of the world. They have unlimited resources, which I don't. I was also under the impression that they would have to get the judgment enforced by a court in a Mutual Jurisdiction (my country) in order to get the domain transfered, so I didn't really think it would be possible for them to get the domain transfered directly via the registry (Verisign). I have found very little information about cases where that has happened. and hadn't even heard about it being possible until recently. It was also not mentioned by the lawyer I did retain for a while.

Something I'm still unclear about..
If they do get the registry (Verisign) to put the domain on a registry-hold, Could they then also get Verisign to transfer the domains to them? Or would they still have to go to the registrar to get them transfered or deleted? The registrar is located in my country, so I'm looking into whether I could fight it when they try to get the judgment enforced here in order to get the registrar to comply with the transfer order.
There is no treaty, convention, or other international agreement in force between my country and the United States regarding enforcement of judgments. Expedited enforcement of American judgments, therefore, is not available and each case must be retried on its merits.

 

[Tim Schoon]

so umm.. your domain is the exact trademark in .com?

 

[nextri]

No, my domain does not contain their trademark.

they have two generic words as a trademark.
I have the same first generic word plus something completely different. I think it's a reason they did not go through wipo, because they wouldn't have a chance there. Instead they went and sued me in their back yard, where I'm not able to spend the money needed for a proper defense. So they'll get a default judgment, and win.

 

[south]

If nothing else, ask if you can appear by teleconference. Most judges these days are familiar with it, and most will allow it. As you are halfway around the world, most would certainly understand. But not responding at all will almost guarantee losing it.

 

[nextri]

I think it's too late for that, as they have already filed for default judgment

 

[Dave Zan]

Something I'm still unclear about..
If they do get the registry (Verisign) to put the domain on a registry-hold, Could they then also get Verisign to transfer the domains to them? Or would they still have to go to the registrar to get them transfered or deleted?

If they file in California or Virginia and successfully get a court order to do that, yes. That's what Dell did to get around (ex?) domain registrar Belgium Domains.

Generally it's the registrar who's got "first priority" dealing with legal issues since they're the so-called more direct party. But since the .com Registry is in the U.S., they have to follow any laws and/or legal decisions within their jurisdiction anyway.

That teleconference option is an idea, depending on the judge. I mean, why not try to contact the judge, explain your situation, and ask how to proceed?

Also, try reaching out to internetjustice.org, publiccitizen.org, and/or eff.org.

 

[domaingenius]

I didn't show up because of the costs involved in having to fight a case against a huge corporation on the other side of the world. They have unlimited resources, which I don't. I was also under the impression that they would have to get the judgment enforced by a court in a Mutual Jurisdiction (my country) in order to get the domain transfered, so I didn't really think it would be possible for them to get the domain transfered directly via the registry (Verisign). I have found very little information about cases where that has happened. and hadn't even heard about it being possible until recently. It was also not mentioned by the lawyer I did retain for a while.

Something I'm still unclear about..
If they do get the registry (Verisign) to put the domain on a registry-hold, Could they then also get Verisign to transfer the domains to them? Or would they still have to go to the registrar to get them transfered or deleted? The registrar is located in my country, so I'm looking into whether I could fight it when they try to get the judgment enforced here in order to get the registrar to comply with the transfer order.
There is no treaty, convention, or other international agreement in force between my country and the United States regarding enforcement of judgments. Expedited enforcement of American judgments, therefore, is not available and each case must be retried on its merits.

Some years ago I was in exactly same position. I contacted the Court by letter to the Judge explaining that I was in UK and could not attend and they had claimed US jurisdiction under the Lanham Act . Long and short,didnt costs me anything in fees and after conference call with Judge and Plaintiff the matter was sorted. (That is all I can say). There was no probelem even without lawyer).

DG

---------- Post added at 02:50 AM ---------- Previous post was at 02:48 AM ----------

If nothing else, ask if you can appear by teleconference. Most judges these days are familiar with it, and most will allow it. As you are halfway around the world, most would certainly understand. But not responding at all will almost guarantee losing it.

I did exactly what you are suggesting several years ago and matter was dealt with fine.

DG