The bottom line is this...ICANN says in their UDRP that a lawsuit can be
filed in EITHER 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 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.
This is for everyone's protection...there are now registrars everywhere in
the world, do you want to attempt to litigate a lawsuit in India or
Australia OR CANADA????
That is why ICANN has the second choice of having the dispute settled where
the domain is registered!
TUCOWS seems to think that this ICANN rule doesn't apply to them.
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-----Original Message-----
From: [EMAIL PROTECTED]
[mailto:[EMAIL PROTECTED]]On Behalf Of Josh Miller
Sent: Friday, February 23, 2001 1:30 PM
To: [EMAIL PROTECTED]
Subject: RE: Re: Domain Disputes - TUCOWS is now acting as judge and
jury!!!
And what if someone wants to hurt a competitor? Just file a dispute and
their domain is useless until it is resolved...It doesn't matter if the
dispute is valid, I expect it would take at least a few days for that to be
decided and the domain released.
-
Josh
-----Original Message-----
From: [EMAIL PROTECTED]
[mailto:[EMAIL PROTECTED]] On Behalf Of [EMAIL PROTECTED]
Sent: Friday, February 23, 2001 20:56
To: [EMAIL PROTECTED]
Subject: Re: Re: Domain Disputes - TUCOWS is now acting as judge and
jury!!!
Even if this is the case the domain dispute is over the right to use the
domain.. Thus making a profit of this domain would be part of the right of
ownership... does not really make sence.. if the case went on for an
indefiniate period of time (and could be prolonged too) monies will still
be made of the domain when there is no clear right.
Michael Pappas
Clickn'Go! (Aust)
>Unless the court decides a domain should be unusable,
>then it keeps working until the issue is resolved.
>
>reg-lock means it can't be transferred or the admin info changed, i think.
>
>swerve
>
>> From: [EMAIL PROTECTED]
>> Date: Sat, 24 Feb 2001 04:30 +0100
>> To: [EMAIL PROTECTED]
>> Subject: Re: RE: Domain Disputes - TUCOWS is now acting as judge and
jury!!!
>>
>>
>>> The domain is still in "Registrar-Lock" state at the registry level,
>>> meaning that transfers (or nameserver modifications) will not occur at
>>> this time.
>>
>> If the domain is in this state how do you know.. I don't mean you
directly
>> Chuck... In mean in general.. Is there anything in the whois..???
>>
>> If this is the case.. the domain foamy.com is in 'reg-lock' how is the
>> domain still running it's DNS settings. If the rightfull owner of this
>> domain is not yet resolved how is it possible that one and not the other
>> is make money of a disputed name. Shouldn't all domain in dispute be
taken
>> down for the deliberation of the case. WIPO or Court case.. which ever
may
>> be the case...
>>
>> Regards,
>>
>> Michael Pappas.
>> ClicknGo! (Aust)
