Re: [nc-udrp] Fw: <bloombert.com> Domain Name Dispute]

["Milton Mueller" <Mueller@syr.edu>]

Tony:
In a nutshell, here's why it is not reasonable: 
a Complainant who initiates a UDRP complaint a month
before the name is due to expire should simply wait and 
see if it expires. Many of them will. Some won't. If the
name is renewed, they can challenge it. If it isn't, everyone
saves time and money.


>>> "Antonio Harris" <harris@cabase.org.ar> 12/09/02 08:46AM >>>
This would appear to be a reasonable request

Tony Harris

----- Original Message -----
From: "J. Scott Evans" <jse@adamspat.com>
To: "UDRP Task Force" <nc-udrp@dnso.org>
Sent: Monday, December 02, 2002 10:39 AM
Subject: [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 
> >
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