[Gnso-igo-ingo-crp] Food for thought on the "standing" requirement and sovereign immunity

[George Kirikos]

A couple of additional points I wanted to make --- unlike
international tribunals or arbitrations, national courts have
*ongoing* jurisdiction over a registrant, and can thus make different
types of orders rather than the binary "transfer vs. no transfer" of a
UDRP or variant. So, if there was an infringement, a national court
can, for instance, order money damages, rather than the transfer of a
domain. They can also order that specific misuse be terminated (and
with penalties for not following the court's order that are
enforceable against the registrant within that nation). Thus, there
are superior "curative" measures available in the courts that can act
like a scalpel, rather than a sledgehammer.

Given the expense and time spent by both sides in the .xxx
arbitration, for example, it's clear that arbitration isn't a panacea
that it's often made out to be.

Sincerely,

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