Hello support,

Yes, you know, there are many threads on this list that never interest
me.  They should each have their own list so that I don't have to be
bothered.

After all, expecting me to be able to skip the threads I am not
interested in is expecting way too much of me, right?

Saturday, February 24, 2001, 12:57:25 PM, [EMAIL PROTECTED] wrote:

> PLEASE OH PLEASE can we move this to another list? Something like
> [EMAIL PROTECTED]

> I could care less about this!

> I am sure I am not the only one..

> On another note, is there a list for those with customization questions. You
> payment integration etc. I find little info on actually customizing the
> code, did I miss it somewhere? I have been through the PDF's but was hoping
> for a list or some more info other than this list..


>  Thanks,
>  Todd

> -----Original Message-----
> From: [EMAIL PROTECTED]
> [mailto:[EMAIL PROTECTED]]On Behalf Of JJF
> Sent: Saturday, February 24, 2001 2:01 PM
> To: Loren Stocker; Discuss-List@Opensrs. Org
> Subject: RE: [Domain Disputes - TUCOWS is now acting as judge and
> jury!!!]


> 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






-- 
Best regards,
 William                            mailto:[EMAIL PROTECTED]


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