IP: RE: FIRST CIRCUIT RULES ACPA CAN BE USED TO OVERRULE ICANN UDRP

[David Farber <dave () farber net>]

> From: "Andrew McLaughlin" <mclaughlin () pobox com>
> To: <farber () cis upenn edu>
>
> Dave:
>
> This is indeed a significant ruling in that it confirms a core feature of
> the UDRP:  decisions under the UDRP can be trumped by national courts of
> competent jurisdiction.  This is explicitly stated in the UDRP -- paragraph
> 4(k) states that the UDRP does not prevent either party from "submitting the
> dispute to a court of competent jurisdiction for independent resolution" --
> so it's nice to see a US federal appellate court reaching a consistent
> conclusion.  What's notable about the First Circuit ruling is the court's
> firm declaration that the Anticybersquatting Consumer Protection Act (ACPA)
> provides a cause of action in federal court for those who lose a UDRP
> proceeding.
>
> --andrew
>
>      -------------------------------------------------------------------
> andrew mclaughlin        |       chief policy officer & cfo
> internet corporation for assigned names and numbers
> <ajm () icann org>         |        <http://www.icann.org>
>      -------------------------------------------------------------------

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