There is no post domain dispute ³appeal² right in the UK after the Air Emirates decision. Although that case dealt with a post DRS .co.uk domain, the reasoning applies to the UDRP just as well (regardless of what I might think of the judge¹s logic). This is a continuing issue for UDRP purposes. The language as written simply presumed that a post UDRP claim of sorts existed ³just like in the US². This is hardly the case. It is for this reason that I long ago reversed my original advise to clients regarding where to register. I advise registering all valuable domains with a US registrar. This serves several purposes: 1. It gives them the ability to file post-UDRP under the ACPA 2. It gives them a virtual slam dunk on any claim involving a non-use registered trademark 3. It gives them the ability to challenge the distinctive nature of the underlying trademark 4. It gives them the ability to seek damages 5. They can still opt NOT to pursue the claim if they are concerned about a possible counterclaim. I continue to cringe on ICANN Working Group calls whenever I hear US attorneys speak up. They repeatedly fail to understand that the real world is not like ³their² world. PRK From: <gnso-igo-ingo-crp-bounces@icann.org> on behalf of Phil Corwin <psc@vlaw-dc.com> Date: Wednesday, May 3, 2017 at 8:23 PM To: "gnso-igo-ingo-crp@icann.org" <gnso-igo-ingo-crp@icann.org> Subject: [Gnso-igo-ingo-crp] Fwd: HMRC recover two domain names using their trademark

FYI, here's a just published WIPO UDRP decision in which the UK's taxing authority successfully recovered two domains.

While the respondent resided in the UK and thus any "appeal" would have been to a UK court (presuming that the registrars were similarly situated) this filing still involved acceptance of the mutual jurisdiction clause by a sovereign entity.

Philip S. Corwin, Founding Principal Virtualaw LLC 1155 F Street, NW Suite 1050 Washington, DC 20004 202-559-8597/Direct 202-559-8750/Fax 202-255-6172/Cell

Twitter: @VLawDC

"Luck is the residue of design" -- Branch Rickey

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From: Phil Corwin <psc@vlaw-dc.com> Date: May 3, 2017 at 2:18:33 PM EDT To: Phil Corwin <psc@vlaw-dc.com> Subject: HMRC recover two domain names using their trademark

http://www.trademarksandbrandsonline.com/news/hmrc-recover-two-domain-names-... sing-their-trademark-4988?utm_source=World+IP+Review&utm_campaign=3247f97d3b- TBO_Digital_Newsletter_19_04_2017&utm_medium=email&utm_term=0_d76dcadc01-3247 f97d3b-27370301

Philip S. Corwin, Founding Principal Virtualaw LLC 1155 F Street, NW Suite 1050 Washington, DC 20004 202-559-8597/Direct 202-559-8750/Fax 202-255-6172/Cell

Twitter: @VLawDC

"Luck is the residue of design" -- Branch Rickey

Sent from my iPad _______________________________________________ Gnso-igo-ingo-crp mailing list Gnso-igo-ingo-crp@icann.org https://mm.icann.org/mailman/listinfo/gnso-igo-ingo-crp