If this is the case then why is TUCOWS following the decision of an
arbitrator in the United States.
The arbitration should have only been acceptable if it was filed with an
arbitrator in Canada.
Also, there is still ongoing litigation in Florida and the court in Florida
is hearing this case, this doesn't just disappear. ICANN says a domain must
be kept on HOLD while there is ANY litigation.
There seems to be many double standards here.
Nonetheless, if it turns out Canada is the only jurisdiction....BYE BYE
OPENSRS AND TUCOWS!
______________________________________________________________________
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-----Original Message-----
From: [EMAIL PROTECTED]
[mailto:[EMAIL PROTECTED]]On Behalf Of [EMAIL PROTECTED]
Sent: Friday, February 23, 2001 10:37 AM
To: Jack; Discuss-List@Opensrs. Org; [EMAIL PROTECTED]
Subject: RE: Domain Disputes - TUCOWS is now acting as judge and jury!!!
>>>Does everyone here want to have to resolve their disputes in a Canada
Court???<<<
YES! Because that is exactly what you agreed to when you became an OSRS RSP.
In addition, your filings in the state of Florida are in direct disagreement
with the ICANN rules since part (a) of the rule you quoted clearly applies
since the Tucows registration agreement states:
"For any dispute, you agree to submit to the jurisdiction of the courts of
The Province of Ontario."
You did file an injunction in Ontario to prevent Tucows from modifying the
domain, didn't you?
Rich Shockney
RS Marketing
-----Original Message-----
From: [EMAIL PROTECTED]
[mailto:[EMAIL PROTECTED]]On Behalf Of Jack
Sent: Friday, February 23, 2001 10:06 AM
To: Discuss-List@Opensrs. Org; [EMAIL PROTECTED]
Subject: Domain Disputes - TUCOWS is now acting as judge and jury!!!
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
