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

["Antonio Harris" <harris@cabase.org.ar>]

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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> >
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