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    WIPO Overrules French Court | Log in/Create an Account | Top | 5 comments | Search Discussion
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    Lousy Headline
    by michael (froomkin@lawUNSPAM.tm) on Wednesday March 10 2004, @04:32PM (#13165)
    User #4 Info | http://www.discourse.net/
    A correspondent writes:
    As a result of an action brought by plaintiff, a court rules that A may not use or transfer the name. Apparently in violation of the order, A transfers to B. So the panel gives the name to plaintiff. So your correspondent says that the panel has not honored the order of the French court.

    You cannot honor an order that has already been broken. I think the headline "WIPO overrules French Court" is a bit of a mischaracterization.

    As I wrote the headline (Cedric's was much too long), I should both take the blame, and say that I think this is a fair point...although it's unclear to me whether the fact that one party breaks an order means the order is thus rendered inoperative from then on. That would, I think, in this case be a question of French law.
    [ Reply to This | Parent ]
    Boundaries and inclusion
    by hugh on Thursday March 11 2004, @04:21AM (#13168)
    User #3957 Info
    I intentionally use the term boundaries here so as not to sound like a lawyer. But I do mean it in the sense of Jurisdiction. Absent some type of seperate agreement - treaty. Generally speaking a court will only have jurisdiction over the things (res) or persons (persona) which are before it (within it's jurisdiction) Here it would appear that the French court has jurisdiction over a name (arguably the res) and the persons within France. If the name is a right in a process that is performed outside of France, well one can see that this is a problem. If Jurisdiction can be conferred through a contract for services (extrajudiciary) i.e. arbitration clauses, well then a whole other set of standards apply and restrict jurisdiction for a purpose. No there most certainly is no overturning or overruling here - but it was a catchy headline.
    [ Reply to This | Parent ]
    Re:i'm firmly with amadeu on that immediate goal
    by fnord (groy2kNO@SPAMyahoo.com) on Wednesday March 10 2004, @06:39PM (#13166)
    User #2810 Info
    Is there any chance of you just providing a link to this instead of copying and pasting it in a misformatted format that gives me a headache? Despite my spidey senses tingling, I'll give you the benefit of the doubt that once I can process it cogently it won't still give me a headache. -g
    [ Reply to This | Parent ]
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