[gnso-rpm-wg] Availability of Court for Domain Name owners challenging a URS decision -- false assumption?

George Kirikos icann at leap.com
Thu Nov 23 15:30:11 UTC 2017


Hello,

On Thu, Nov 23, 2017 at 10:13 AM, socata <socata at ruc.edu.cn> wrote:
> I would like to provide some my information for this issue in China
> jurisdiction.
>
> According to China Domain Name Governance Rule, the decision made by Domain
> Name Dispute  Resolution Panel decision is final decision in China.
> You may see  article 42 in  China Domain Name Governance Rule for detail
> information.
>
> Link for China Domain Name Governance Rule:
> http://www.miit.gov.cn/n1146295/n1146557/n1146624/c5778555/content.html

Thanks for your message. Is that for the .cn ccTLD? Or does that apply
rule to gTLDs like .com? (the Google Translation is a bit confusing to
me)

I know that the Canary.com UDRP decision against a Chinese registrant
from 4 years ago wasn't final, as the domain name is still owned by
that registrant (I believe they appealed in court):

https://www.thedomains.com/2013/10/24/disturbing-12-year-old-canary-com-lost-in-udrp/
http://www.adrforum.com/domaindecisions/1515762.htm

I believe the same thing happened for Razer.com in early 2016:

https://www.namepros.com/blog/razer-upgrades-from-razerzone-com-to-razer-com-legal-battle-revealed.1050304/

albeit in Hong Kong. Of concern, the original UDRP decision does not
appear on the ADNDRC website.

Sincerely,

George Kirikos
416-588-0269
http://www.leap.com/


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