Attorney David Johnson, author of the Digital Media Lawyer Blog, wrote an interesting article on a trademark holder’s choice of forum when seeking to obtain a domain name from a cybersquatter.  The action may be a lawsuit in federal court or an arbitration under ICANN’s Uniform Dispute Resolution Procedure.  The article is titled “Federal Court or UDRP Arbitration? How the Forum that Decides a Domain Name Dispute Can Make a Big Difference in the Results.”

Combatants in cybersquatting or domain name disputes are often not aware of the great degree to which the result they get depends on the judicial body that makes the decision. A clear illustration of how forum choice affects results can be seen in the widely varying deference given by the different judicial bodies to a defendant’s assertion of a “laches” defense to a cybersquatting complaint.

Related posts:

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  3. Was the Court’s Order that a Cybersquatter to Turn Over 700 Domain Names that Incorporated Names of Non-appearing Parties to a Plaintiff Proper?
  4. Using a Domain Name as Collateral for a Debt
  5. Trademark Holder not Entitled to Domain Name Registered Years Before
  6. Do Fraudulent Transfer Laws Apply To Domain Names?
  7. Federal Appeals Court Demands DOJ Explain Obama’s “Judicial Activism” Comment
  8. Homeland Security Seizes Domain Names
  9. How to Lose a Cybersqatting Case against a Serial Cybersquatter
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