Tucows inhouse counsel Brenda Lazare initially agreed that our lawsuit being
filed back in December in Florida, was filed in the proper jurisdiction.
Yesterday, Brenda phoned our attorney and said she changed her mind and said
the only proper jurisdiction is Canada and she was transferring the domain
to Gillette (the complainant).
I then posted to this board and the messages have been mixed but I believe
Tucows now knows they are wrong and we were right.
The only reason we are fighting this is principal, surely it's not the
monetary value of "foamy.com". We have thousands of domains that are much
more valuable. We simply felt we did nothing wrong and we shouldn't lose a
domain simply because a trademark holder can pick a favorable arbitrator
(the national arbitration forum goes almost 90% for the complainant and
needs to so they can keep getting the business) and win any domain.
The whole system is nonsense.
We may still lose in court but at least it will be with a real judge who
isn't being paid off.
-----Original Message-----
From: Loren Stocker [mailto:[EMAIL PROTECTED]]
Sent: Saturday, February 24, 2001 2:45 PM
To: Jack
Subject: Re: [Domain Disputes - TUCOWS is now acting as judge and
jury!!!]
Importance: Low
Hi Jack,
You stated that:
"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."
Clearly Tucows is in error to suggest this, but they didn't act on this. How
did they communicate this to you?
I haven't read the ruling -- is it WIPO? -- but I can't believe anyone could
win "foamy." What non-sense.
Best, Loren
"Jack" <[EMAIL PROTECTED]> wrote:
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
