Bad Call For Referee Dispute 162
I'm frankly surprised we haven't seen more of these cases, and I'll expect to see more in the future. Because arbitration under the UDRP is not binding in the U.S. court system, or any court system that I know of, the loser can always sue the winner. And, in any case of any importance, will.
If GM and Ford have a disagreement about a domain name, do you think the results of an arbitration ruling mean jack to them? Will they meekly accept the results of some international panel and go home?
No, of course not. The loser will file the court case the same day. To them, an arbitration decision means nothing except maybe a rhetorical point for their lawyer to bring up.
Large corporations can never lose an arbitration, they can only win it. It's individuals and small corporations, who don't have the resources for an extended court battle, who stand to lose under the UDRP.
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Bad Call for Referee Dispute
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