I second that emotion. Give us all a break and grab a tissue Jack, for all that
sniveling!
Bob
At 12:24 PM 2/24/01, you wrote:
>Ok, Jack. You threw down the glove in a public forum and you got a
>response, just like you wanted. Now continue your legal disputes via
>private email if you please.
>
>The last thing we need on this list is the whining of domain name
>speculators crying about losing copyrighted names. No domain is safe? Give
>me a break.
>
>Jim
>
>
>----- Original Message -----
>From: "Jack" <[EMAIL PROTECTED]>
>To: <[EMAIL PROTECTED]>; "Josh Miller" <[EMAIL PROTECTED]>;
><[EMAIL PROTECTED]>; "Chuck@Tucows. Com" <[EMAIL PROTECTED]>
>Sent: Friday, February 23, 2001 2:34 PM
>Subject: RE: Re: Domain Disputes - TUCOWS is now acting as judge and jury!!!
>
>
>> Ross,
>>
>> Finally someone at Tucows that can read!!!
>>
>> The complainant in this case... The Gillette Company, has been relentless
>> with Brenda about this jurisdiction issue. We have spent thousands to
>prove
>> them wrong in court.
>>
>> Some additional info....
>>
>> The National Arbitration Forum who decided against us, accepted our
>lawsuit
>> as being filed properly in Florida, and did not request that the domain be
>> transferred after receiving a copy of our lawsuit. This has totally been a
>> Tucows decision via Brenda Lazare.
>>
>> I am requesting an official determination in writing from Tucows that the
>> jurisdiction that we filed our lawsuit in (Florida) is proper, as per the
>> ICANN UDRP, so that this issue is settled once and for all.
>>
>> I would like a letter faxed and e-mailed to me stating this please, also a
>> letter faxed to our attorney, John Boykin at 561-833-4209.
>>
>> Some side info...Why are we fighting this?
>>
>> Read the arbitrators decision....about "foamy.com"
>>
>> http://www.arb-forum.com/domains/decisions/95892.htm
>>
>> No domain is safe....
>>
>>
>> ______________________________________________________________________
>> Get Your Own Private, Free Email Account at http://www.dotcomemail.com
>>
>> -----Original Message-----
>> From: [EMAIL PROTECTED]
>> [mailto:[EMAIL PROTECTED]]On Behalf Of Ross Wm. Rader
>> Sent: Friday, February 23, 2001 2:54 PM
>> To: Jack; Josh Miller; [EMAIL PROTECTED]; Chuck@Tucows. Com
>> Subject: RE: Re: Domain Disputes - TUCOWS is now acting as judge and
>> jury!!!
>>
>>
>> Jack,
>>
>> a) Your analysis of the UDRP is indeed correct.
>> b) the names in question cannot be transferred to another registrar or
>> another party because they have been locked.
>> c) My immediate feeling is that this is a simple mistake that we are
>> currently looking into to make sure that we all get to the correct
>> conclusion.
>>
>> To all others, it is the Registration Agreement that is governed under
>> Canadian law as per ICANN and *not* the UDRP which Jack has already
>pointed
>> out.
>>
>> -rwr
>>
>> < -----Original Message-----
>> < From: [EMAIL PROTECTED]
>> < [mailto:[EMAIL PROTECTED]]On Behalf Of Jack
>> < Sent: Friday, February 23, 2001 2:03 PM
>> < To: Josh Miller; [EMAIL PROTECTED]; Chuck@Tucows. Com
>> < Subject: RE: Re: Domain Disputes - TUCOWS is now acting as judge and
>> < jury!!!
>> <
>> <
>> < 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.
>> <
>> <
>> <
>> <
>> < ______________________________________________________________________
>> < Get Your Own Private, Free Email Account at http://www.dotcomemail.com
>> <
>> < -----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)