WIPO Dispute Decisions Contestable In U.S. Courts

Thu Anon Coward writes: "Yahoo is reporting that the 1st U.S. Circuit Court of Appeals in Boston has said that WIPO domain disputes can be contested in court. A domain name holder may file a civil action suit in U.S. courts. Apparently we can thank the 'Anti-Cybersquatting Consumer Protection Act,' signed by former President Clinton."

Comments

Jay Sallen is Scum

[camusflage]

Regardless of jurisdiction, he has an untenable case. The First Circuit Court of Appeals didn't rule on the merits of the case, simply ruling that the US courts have jursidiction, something that both US law and ICANN's UDRP agree on.

For background on the case, see this article on slashdot, or these cases on WIPO's site. In a nutshell, he registered domains for two Brazillian soccer teams, Cruizero and Corinthians. He approached Corinthians about selling the domain, they sent him a notice to hand it over. He then put up bible quotes, and claimed that they were stomping on his first amendment and freedom of religion rights, but lost in UDRP proceedings.. It doesn't help his case that the registrant for his domains was "prestige domains (for sale)", nor does it paint a good picture that he registered dowjonesupdate.com and tonimorrison.com, though he handed over both of those without ICANN interceding.

This guy is a domain speculator, pure and simple. He (rightfully) lost two cases to the trademark holders, and he's not happy that he didn't get paid for being first to register the domains. Personally, I'm surprised the low-life found the nickles to rub together to retain a lawyer to put it to the courts.