In addition to this conversation...
The domain is still in "Registrar-Lock" state at the registry level,
meaning that transfers (or nameserver modifications) will not occur at
this time.
Charles Daminato
TUCOWS Product Manager (ccTLDs)
[EMAIL PROTECTED]
On Fri, 23 Feb 2001, Jack wrote:
> 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!
>
> ______________________________________________________________________
> Get Your Own Private, Free Email Account at http://www.dotcomemail.com
>
> -----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
>
>
>
>
>
