All - please find to follow a quick run-down concerning how the UDRP contemplates jurisdiction. All of the following details are taken directly from the UDRP but paraphrased for readability. When an entity (corporation, individual - doesn't matter) feels that they have a case that can be handled by a UDRP proceeding, they have the option to, at their own expense, file a UDRP Complaint with an Arbitrator. As per the UDRP, the Complainant (the entity filing the case) can choose what jurisdiction their complaint will be heard in if any of the parties involved are not happy with the outcome of the filing. So, for instance, if ChuckD feels that my registration of foo.bar violates his trademark on "foo", he can file a complaint specifying that the jurisdiction for any court proceedings pursuant to the arbitration will either be the jurisdiction of the Registrar (Tucows) or the jurisdiction of the Registrant (Me). If no appeal has been filed with a court in the jursdiction specified in the complaint within 10 days, then the registrar must abide by the decision of the arbitrator. In the case in question, the Complainant specified that they would "...submit, with respect to any challenges to a decision in the administrative proceeding canceling or transferring the domain name, to the jurisdiction of the courts in the location of the principal office of the concerned registrar. ICANN Rule 3(b)(xiii).", which is Toronto, Ontario, Canada. Tucows takes it's obligation to our resellers, ICANN and registrants very seriously. Accordingly, we sought legal counsel and input from ICANN, both of which recommended that pursuant to our obligations under the UDRP that we execute the decision of the Arbitrator and transfer the domain name to the complainant. Lastly, we do not consider public commentary on private proceedings to be standard operating procedure. In this particular instance, all of these details were made public prior to this commentary with the exception of Tucows seeking counsel from ICANN and legal sources concerning this matter. I hope that this clarifies the general and specific circumstances for everyone involved. As always, questions are welcome. -rwr
