Re: Re[2]: [ga] WIPO Arbitrators Stern In Domain 'Hijacking' Rulings

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

From: "William X Walsh" <william@userfriendly.com>
>
> The issue is that they MUST submit to the UDRP.  At the very minimum
> the domain registrant should be able to reject the UDRP process, and
> thus select to have the matter tried in court should the complainant
> think they have a case that meets the higher standard the law places.

The problem is that the plaintiff gets to pick where that suit is filed.
See, e.g. the sequence of events noted at www.strick.com.

UDRP rule 4(k) states that the domain name registrant may decide to take the
matter to court at any time, including prior to a decision in the UDRP
proceeding.  If there is such pending litigation, the UDRP decision will not
be implemented.  So, how does the present UDRP not do what you are proposing
be done?


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