Jack (et al)...
I'm currently looking into this situation to determine what exactly is
going on. While I can understand your frustration, I know Tucows is NOT
in the habit of playing outside the rules set forth by ICANN and the UDRP.
We would not remain in business very long if we were intentionally
breaking the rules.
That being said, since I am currently working from home, I am attempting
to contact Brenda Lazare at the office and find more information on this
case.
Jack, I suggest you be patient until more information is present - and to
the members of the list please keep in mind that there is likely more to
this situation than what Jack has offered publicly.
I will be in touch.
Charles Daminato
TUCOWS Product Manager (ccTLDs)
[EMAIL PROTECTED]
On Fri, 23 Feb 2001, Jack wrote:
> Back in December we lost an arbitration on the domain "foamy.com"
>
> We disagreed with the decision and within the required 10 day time period we
> filed a lawsuit against the complainant to halt the transfer of the domain
> and was told by Tucows counsel Brenda Lazare that the domain would NOT be
> transferred and would be kept on hold pending the outcome of our lawsuit.
>
> ICANN UDRP rules state the following as far as jurisdiction for a lawsuit:
>
> Mutual Jurisdiction means 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.
>
> We filed our lawsuit in Florida which is where the domain is registered
> according to the whois database.
>
> Today TUCOWS has decided that the only proper jurisdiction is CANADA
> (principal office of registrar) and is transferring the domain even though
> there is still a lawsuit pending in Florida.
>
> ICANN rules state that a domain must be kept on HOLD and not moved until all
> litigation is resolved.
>
> TUCOWS AND OPENSRS are now acting as judge and jury.
>
> WE WILL BE MOVING ALL 2000 OF OUR DOMAINS AWAY FROM OPEN SRS AS THE RENEWALS
> COME DUE AND WOULD ADVISE YOU ALL TO LOOK VERY CAREFULLY AT TUCOWS BLATANT
> DISREGARD FOR ICANN POLICIES.
>
> Does everyone here want to have to resolve their disputes in a Canada
> Court???
>
> Jack Ford
>
>
