Jim
Now this is what I call totally wrong. If person won't get
response from authorities where he will go then ?
ofcourse to public. After all this small thing called domain
is source of our existence in this virtual world and history
says man has always fight for his existence.
What Jack did is totally write. Let the public be critic.
Mahinder
----- Original Message -----
From: "Jim McAtee" <[EMAIL PROTECTED]>
To: <[EMAIL PROTECTED]>
Sent: Saturday, February 24, 2001 8:54 AM
Subject: Re: Re: Domain Disputes - TUCOWS is now acting as judge and jury!!!
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)
