[registrars] Legal - FYI

["Michael D. Palage" <mpalage@infonetworks.com>]

-----Original Message-----
From: owner-wg-b@dnso.org [mailto:owner-wg-b@dnso.org]On Behalf Of John
Berryhill Ph.D. J.D.
Sent: Sunday, May 21, 2000 10:44 PM
To: wg-b@dnso.org
Subject: [wg-b] Just In Case...


If this list is still active, I thought it would be useful to add a data
point to the thread of registrar liability and complex procedures.

This week, as I was preparing a complaint to be filed against the prevailing
complainant  in a UDRP proceeding, I contacted the registrar in order to
determine whether they had received the UDRP decision on the correct date in
order to calculate the "ten business days" required by Rule 4(k) of the
UDRP.

The tech support person informed me that there is no ten day period and that
they had already transferred the domain name.

To make a long story short, if one has to threaten to bring suit against a
registrar in order to get them to follow the EXISTING procedure, then
creating a new and complex procedure is going to open up a whole new wide
world of registrar liability.

Fortunately, the registrar eventually admitted error (after two days of
fighting it) and restored the status quo, but the process was neither cheap
nor easy, nor was it something that anyone would prefer to be doing when
they
have ten days to get the facts, obtain local counsel, file suit, and get it
back to the registrar.

Try it sometime and see whether you end up thinking the UDRP is fair.