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Old 03-04-2008, 10:38 AM   #9 (permalink)
jberryhill
Philadelphia Lawyer
 
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Couple of things....

Whether a judgment is "enforceable" is not relevant, as a practical matter, to whether a registrar will transfer the domain name if it receives one. Many registrars, if they receive something that appears to be a court order - from any court - will transfer a domain name.

Dave mentioned jurisdiction _in rem_. That only applies as a practical matter in three places- (1) the location of the registrar, (2) Herndon, VA - the location of the .com registry, (3) Mountain View, CA - the offices of Verisign, the .com registry.

Whether or not the defendant is subject to the jurisdiction of this court, or any other court, depends on a variety of circumstances.

As far as transferring the domain name goes... if the plaintiff has already notified the registrar of the litigation, then the registrar, pursuant to the RAA, has locked the name and it can't be transferred. Also, transferring the domain name after a claim is made gives the appearance of attempting to flee, and doesn't help the optics at all.
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