Other countries can escape US law ?

[networkmsia]

Hi,

Lets say I own a domain like crocodile.com. Lets assume its parked.

and lets say I am from Australia. and now somebody in the USA wants the domain and start a legal battle for it.

Do I still have to go to court and all those stuff ? and since I am not from USA, do they have the rights to take away my domain ?

 

[fatter]

Hi,

Lets say I own a domain like crocodile.com. Lets assume its parked.

and lets say I am from Australia. and now somebody in the USA wants the domain and start a legal battle for it.

Do I still have to go to court and all those stuff ? and since I am not from USA, do they have the rights to take away my domain ?

UDRP is world wide for filing a complaint to get a name, as far as court jurisdictions a lawyer would have a better answer although I am pretty sure I no how it works,

 

[Rebel-Man]

as far as courts go it doesn't matter where you are from, the person only has file in the jurisdiction of your registrar. If your registrar is in the US then they can file suit in the US. perfect example of this would be the bodog.com case.

 

[networkmsia]

Thanks for the information. Rep added for all.

 

[petrosc]

as far as courts go it doesn't matter where you are from, the person only has file in the jurisdiction of your registrar. If your registrar is in the US then they can file suit in the US. perfect example of this would be the bodog.com case.

Yep, it's all about the location of the registrar. Isn't this why most typosquatters transfer their most sensitive names to registrars in india?

 

[Peter]

Regardless of a UDRP they can in fact take legal action against you if you live in a country that has agreed to the Madrid system ( http://en.wikipedia.org/wiki/Madrid_system )

 

[italiandragon]

I would also think that since the .com registry (Verisign) is in the U.S. , your .com are always under the American hammer. Just my opinion, I`d love to hear someone more expert about this anyway.

 

[Peter]

italiandragon I am pretty sure that is not the case but it would be best of for example John Berryhill were to comment as he is the best person who would know.

If someone registers a .com in a country where the trademark does not stand then they can;t be expected to honour that trademark (unless of course the domain extension is specifically for a country such as .us, .co.uk etc). .com is no longer a US extension.

However I am not a lawyer and as I say John Berryhill would be the best person to clarify such a point.

 

[italiandragon]

italiandragon I am pretty sure that is not the case but it would be best of for example John Berryhill were to comment as he is the best person who would know.

If someone registers a .com in a country where the trademark does not stand then they can;t be expected to honour that trademark (unless of course the domain extension is specifically for a country such as .us, .co.uk etc). .com is no longer a US extension.

However I am not a lawyer and as I say John Berryhill would be the best person to clarify such a point.

Thank you Peter, yes I know about John , but I would not bother him over this. Either way, if I receive a letter from a company I don`t have money to pay a lawyer so I`d have to surrender. :td:

 

[Ronald Regging]

I would also think that since the .com registry (Verisign) is in the U.S. , your .com are always under the American hammer. Just my opinion, I`d love to hear someone more expert about this anyway.

All your internet are belong to us!

 

[Angelicus]

if I receive a letter from a company I don`t have money to pay a lawyer so I`d have to surrender.

This is so true in most cases...but i guess all we have to do is not reg/use any possible TM ... so basicly this job/hobi is hard time, hard time as paper cats chased by asbestos dogs in hell will have ( also TM-ed sentence i guess )

But it all has some kicks on me, and is after all somthing we all chose or not. :hehe: