[Gnso-igo-ingo-crp] Limited Waiver of Immunity found in Windcreek.com dispute

[George Kirikos]

Hi folks,

DomainNameWire.com had a story today that's of interest to our work:

https://domainnamewire.com/2017/12/07/parties-agree-overturn-udrp-decision-transfer-domain-40000/

"This case was more interesting than your typical lawsuit resulting
from a UDRP. Poarch Band of Creek Indians claimed tribal sovereign
immunity when the lawsuit was filed. However, VirtualPoint argued that
the tribe had waived its immunity by filing the UDRP.

The court agreed that tribe waived its rights but only as to a
challenge to the National Arbitration Forum’s decision to transfer
ownership of the domain name."

While it involved tribal immunity, I think the results might apply
equally to IGO immunity. I attached a few PDFs from the PACER docket
that discuss the immunity issue in some sections. The 2nd PDF is
chronologically earlier..

Of course, this is a US court case, and other courts might make a
different determination.

The IGO "small group" seems to have gone fairly silent on their
mailing list, but I wonder if this is "acceptable" to IGOs, i.e. the
"limited waiver" determination? Although, their staunchest members
might continue to hold out for "absolute immunity".

Sincerely,

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