[nc-udrp] Fw: <bloombert.com> Domain Name Dispute]
Dear All: Please find attached an e-mail I recently received from Louis Touton at ICANN. I know this issue is being reviewed by the deletes Task Force. J. Scott Evans ----- Original Message ----- From: "Louis Touton" <touton@icann.org> To: "J. Scott Evans" <jse@adamspat.com> Sent: Thursday, November 28, 2002 9:29 PM Subject: [Fwd: <bloombert.com> Domain Name Dispute] > J. Scott, > > I'm attaching a .pdf (text copied below) of a letter I received earlier > this week proposing a change to the UDRP. I'm passing it on to you in > view of your involvement with the DNSO UDRP review task force, which is > looking at whether policy adjustments should be made to the UDRP. > > Feel free to pass this on to the task force. > > Best regards, > > Louis Touton > > -------- Original Message -------- > Subject: <bloombert.com> Domain Name Dispute > Date: Mon, 25 Nov 2002 17:16:11 -0500 > From: "Snitkovsky, Natasha" <nsnitkovsky@willkie.com> > To: "'touton@icann.org'" <touton@icann.org> > CC: "Alexander Kim (E-mail)" <akim1@bloomberg.net> > > November 25, 2002 > > VIA EMAIL touton@icann.org > CONFIRMATION VIA FACSIMILE (310) 823-8649 > > Louis Touton, Esq. > General Counsel > Internet Corporation for Assigned Names and Numbers (ICANN) > 4676 Admiralty Way, Suite 330 > Marina del Rey, CA 90292-6601 > > Re: <bloombert.com> Domain Name Dispute > > Dear Mr. Touton: > We are counsel to Bloomberg L.P. ("Bloomberg"). We are writing to > request that ICANN clarify its rules and procedures in regards to > disputed domain names lapsing while pending decisions and amend the > Uniform Domain Name Dispute Resolution Policy ("UDRP"). > > Bloomberg recently filed a complaint under the UDRP regarding the domain > name <bloombert.com> with the National Arbitration Forum ("NAF"). The > registrar of the domain name, Intercosmos Media Group, Inc., verified > the registration to NAF on September 20, 2002. However, the > registration subsequently expired on October 2, 2002, and was registered > by a new third party through a different registrar, Joker.com. > > When our client brought these events to NAF's attention, NAF responded > that it does not track domain name registration expirations, nor can it > cause the new registration to be reversed. In an email dated November > 20, 2002 from Mr. Timothy S. Cole, Director of Internet Dispute > Solutions at NAF, our client was informed that NAF "has no authority > over registrars and must rely upon ICANN to enforce orders, rules, and > policies." > > We also contacted the original registrar of the domain name, Intercosmos > Media Group, Inc., and were informed in an email dated November 25, 2002 > from Ms. Vivian Solares that Intercosmos does not place a freeze on a > domain name pending decision under the UDRP, only a "registrar hold," > which prevents it from being transferred to another registrar. The > registrar hold, however, does not prevent a lapsed domain name from > being deleted out of Intercosmos' system and released into the pool of > available domain names. > > Although the UDRP addresses transfers of a domain name and changes in > registrars while a dispute proceeding is pending, it does not address > expirations and subsequent registrations by other parties. There are > currently no rules in place by ICANN to cover this eventuality. Because > dispute resolution service providers such as NAF have no authority to > establish or impose such rules, this effectively leaves our client with > no recourse other than to file another UDRP complaint against the new > registrant of the domain name <bloombert.com>. > > Accordingly, we respectfully request that ICANN amend the UDRP to > require registrars to "freeze" disputed domain names while they are > pending decisions in order to avoid scenarios like this one, in which > our client will be forced to incur additional expenses in preparing a > new complaint and is experiencing undue delays in recovering the > disputed domain name. > > Please contact the undersigned at (212) 728-8180 or > nsnitkovsky@willkie.com if you would like to discuss this matter further > or require additional information. Thank you in advance for your > assistance with this matter. > > Very truly yours, > > Natasha Snitkovsky > Willkie Farr & Gallagher > 787 Seventh Avenue > New York, NY 10019 > 212-728-8180 > 212-728-9180 (fax) > nsnitkovsky@willkie.com > > *********************************************************************** > > IMPORTANT NOTICE: This e-mail message is intended to be received only > by persons entitled to receive the confidential information it may > contain. E-mail messages to clients of Willkie Farr & Gallagher > presumptively contain information that is confidential and legally > privileged; e-mail messages to non-clients are normally confidential and > may also be legally privileged. Please do not read, copy, forward or > store this message unless you are an intended recipient of it. If you > have received this message in error, please forward it back to the > sender and delete it completely from your computer system. > > *********************************************************************** > > > > Letter from Snitkovsky to Touton re UDRP (25-Nov-02).pdf
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