Re: Dispute resolution

[Paul Svensson <paul@svensson.org>]

On Sat, 21 Dec 1996, Thom Stark wrote:
> 
> > made a REQUIREMENT for obtaining SLD registration, anyone contending a
> > name would HAVE to agree to arbitration if they wished to use the name
> > themselves.
> >
> > If they did NOT wish to use the name themselves, why would they bother
> > to contest it?

To which Michael Dillon responded:

> 1. I register example.stuff
>
> 2. Example Widgets Inc. goes to a US court and gets a decision
>    against me and forces the registry in the USA to remove example.stuff.

Here we see an incentive for E.W. Inc to sue you instead of the registrar,
and have the court order you to not use the domain name example.stuff.
I believe this is good.

> 3a. Example Widgets Inc. registers example.stuff and agrees to
>     binding arbitration.
>
> 4a. I take them to arbitration and get my domain name back.

Which, if E.W. had sued you instead of the registrar, seems quite
likely to have you called in contempt of the court, and maybe the
arbitrator too ?  Or does the fact that two parties have signed
an arbitration agreement allow the arbitrator to override any
previous court orders against the conflicting parties ?

> 3b. Example Widgets Inc. doesn't really want the name so I
>     reapply and register it again perhaps using a registrar
>     outside the USA.

This too I think would be considered contempt by most courts,
if it was you who were ordered to not use that name.

	/Paul