Barcelona.com Appeal Feb. 28
Date: Monday January 13 2003, @06:29AM
Topic: Uniform Dispute Resolution Policy (UDRP)

UDRPlaw.net reports that the US Court of Appeals for the 4th Circuit will hold oral arguments in the Barcelona.com case in Baltimore, Maryland, on Feb. 28. Don't expect a decision that day -- usually an appeals court renders its written decision a random number of weeks after the oral argument.

The official caption of the case is Barcelona.com, Inc. v. Excelentisimo Ayuntamiento de Barcelona, 02-1396 (4th Cir. filed Apr. 16, 2002). Judge Hilton's decision below -- which I personally think is wrong as it privileges foreign trademark law over US law in a novel way unsupported by statute -- is here (via UDRPlaw.net).

Other references
Previous coverage at ICANNWatch
The original WIPO decision.
Open Directory references on the case
Site for lawyers representing geographical domain name holders.

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but what are the chances
by ldg on Sunday January 26 2003, @12:15PM (#11033)
User #2935 Info | http://example.com/
of the appeals court reversing the decision based on :

"which I personally think is wrong as it privileges foreign trademark law over US law in a novel way unsupported by statute "

I was really shocked that a US court would render a decision making foreign law superior to US law, especially when it could have such serious ramifications to anyone using a regional name such as New York, Carribean, Florida, Everglades, San Francisco... Scarey. I'm thinking that "New York Deli," Manhattan Deli, Hot Springs Spa, and a gazillion others could come under attack. Am I wrong?
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This article comes from ICANNWatch
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The URL for this story is:
http://www.icannwatch.org/article.pl?sid=03/01/13/1544242