> So, who has overriding jurisdiction, if it is challenged in two courts at
> once, one in Tucows' location, and the other in the Registrant's location,
> and the two disagree as to what should happen to the domain.
>
> I'm not a lawyer, and I very well may have completely misunderstood this
> whole process.
Dave, the summary is that the registrant agrees that any complaints brought
to the courts after a UDRP proceeding will occur in the jurisdiction chosen
by the entity bringing the complaint.
ie - ChuckD registers vrsnrules.com. You feel that Chuck has infringed on
your trademark "nrul", so you file a complaint specifying that the appeal
should take place in Chuck's hometown. Chuck loses the UDRP arbitration, but
appeals it to a Lower Mestozurpistarfowick court (where Chuck lives
incidentally). According to the Registration Agreement and the UDRP that
everyone agreed to as part of these proceedings, all involved must abide by
the court decision - including us, you and Chuck.
So in fact, it's not agreeing to two locations, but acknowledging that the
proceedings may occur in one of two locations (registrar location and
registrant location).
As far as my limited legal knowledge goes, because you have a contract to
submit to the judgement of one of the two courts, the court specified by the
complainant would in fact be the ruling decision.
Of course, this is all conjecture until it actually gets tested in court. In
this case, I would have to put my money on the UDRP way of doing things -
too many lawyers got paid too much money to let a loophole like the one that
you describe turn things upside down. With that being said, stranger things
have happened ;)
-rwr
