NAMESMASH.COM: Cybersquatters Use India Courts To Stall Legal Action

Articles / April 21, 2009

Cleveland partner Deborah Wilcox, Ohio coordinator for the firm's Intellectual Property, Technology and Media Practice, and Cleveland associate Brandt Gebhardt co-authored an article, "Cybersquatters Use India Courts To Stall Legal Action," which was published on April 21, 2009, on NAMESMASH.COM, a forum for providing accurate, unbiased, current information about the domain business.

According to Wilcox and Gebhardt, "A domain name registrar in India is exploiting the rules governing proceedings under ICANN's [Internet Corporation For Assigned Names and Numbers] Uniform Domain Name Dispute Resolution Policy (UDRP) to frustrate trademark owners' efforts to retrieve domain names from cybersquatters."

The authors continue: "The UDRP rules require trademark owners who wish to file a complaint under the policy to state that they 'will 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 at least one specified Mutual Jurisdiction.' The defined term Mutual Jurisdiction means a court jurisdiction that covers either the relevant domain name registrar’s principal office or the domain name registrant’s address as listed in the Whois record at the time the complaint is filed. Essentially, the UDRP complainant must elect whether it will litigate a judicial challenge to the outcome of the administrative proceeding in its opponent’s home jurisdiction or in the jurisdiction of the registrar, which is usually viewed as 'neutral.'"

To read the full article from the NAMESMASH website, click here.