I'll work on getting this from counsel....
Thanks,
Ken
> -----Original Message-----
> From: [EMAIL PROTECTED]
> [mailto:[EMAIL PROTECTED]]On Behalf Of Swerve
> Sent: March 13, 2001 11:52 AM
> To: [EMAIL PROTECTED]; Chuck Hatcher; [EMAIL PROTECTED]
> Subject: Re: UDRP Clarification [WAS: RE: Re: Domain Disputes...]
>
>
> This whole isssue is quite an important one.
>
> Could opensrs's general council outline what opensrs position is on
> apropriate jurisdiction so all us rsp's can develop our own strategies in
> the event that our client's domains or our domains are challenged?
>
> As well can someone point to a precise url on opensrs where this is found?
>
> For the record, 10 days is too short a period of time.
> 30+ seems more reasonable workable to me.
>
> swerve
>
>
>
> > From: "Ross Wm. Rader" <[EMAIL PROTECTED]>
> > Reply-To: <[EMAIL PROTECTED]>
> > Date: Tue, 13 Mar 2001 11:28:44 -0500
> > To: "Chuck Hatcher" <[EMAIL PROTECTED]>,
> <[EMAIL PROTECTED]>
> > Subject: UDRP Clarification [WAS: RE: Re: Domain Disputes...]
> >
> >>
> >> If I register a domain name, and someone files a complaint
> under the terms
> >> of the UDRP, and the administrative panel rules in favor of the
> >> complainant
> >> and orders transfer of the name, ICANN rules state that I have
> ten days to
> >> notify them that I have filed suit in a court of appropriate
> jurisdiction
> >> before the decision is implemented. As I read it, my address, as
> >> listed in
> >> the whois record, is one appropriate jurisdiction in which I
> can file such
> >> an action. If I provide evidence to ICANN that I have done
> so, within the
> >> ten day period, then ICANN should take no action (and not order the
> >> transfer) pending the outcome of the lawsuit. Presumably in such
> >> a case the
> >> registrar would not even be involved until the lawsuit has run
> its course.
> >> Am I correct so far?
> >
> > That coincides with my impression as well.
> >
> >>
> >> Is the problem with the "foamy.com" case that ICANN apparently did not
> >> receive the evidence of the filing within the ten day period, and
> >> did order
> >> the transfer of the domain name? Is the registrant seeking to
> prevent you
> >> (the registrar) from following ICANN's order to transfer?
> >
> >
> > I'm not sure what the precise merits are of this particular
> case are. Our
> > General Counsel as well as our Customer Affairs group worked
> through this
> > particular one in conjunction with ICANN after the last go-round. This
> > particular action is very much above board and in accordance
> with ICANN's
> > interpretation and implementation of the rules in question.
> >
> >>
> >> If this is not the case, in other words if the problem really
> is that the
> >> jurisdiction of the registrant is not an allowable jurisdiction
> >> for such an
> >> action, then tell me why it is not. Any light you can shed on the
> >> situation will (hopefully!) help us all rest a little easier.
> >>
> >
> >
> > I don't think that this was the case in this incident.
> >
> > -rwr
> >
> >
>
