Mutual Jurisdiction may come back to haunt you.
At a session Friday afternoon at Domainer Mardi Gras I made the case that moving your domain names offshore may not be a good idea, both from a protection standpoint and logistics. Earlier in the day John Berryhill gave another possible reason to keep your domains on shore that I wasn’t aware of.
In response to a UDRP, a respondent can file a lawsuit to block the transfer of his or her domain name in the event of an unfavorable decision. According to the UDRP rules, the lawsuit must be in Mutual Jurisdiction, defined as:
a court jurisdiction at the location of either (a) the principal office of the Registrar (provided the domain-name holder has submitted in its Registration Agreement to that jurisdiction for court adjudication of disputes concerning or arising from the use of the domain name) or (b) the domain-name holder’s address as shown for the registration of the domain name in Registrar’s Whois database at the time the complaint is submitted to the Provider.
The hitch is that the complainant gets to choose which one. So if you are in the United States and you register your domains at a German registrar, you may have to go through the expense and hassle of filing a lawsuit over there. Of course this is a reason for people outside the United States to consider using a local registrar in their country, too.