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[council] Compliance - Fake Renwal Notices

  • To: <pam.little@xxxxxxxxx>
  • Subject: [council] Compliance - Fake Renwal Notices
  • From: "Zahid Jamil" <zahid@xxxxxxxxx>
  • Date: Sun, 13 Mar 2011 00:55:36 +0500
  • Cc: "'GNSO Council'" <council@xxxxxxxxxxxxxx>
  • In-reply-to:
  • List-id: council@xxxxxxxxxxxxxx
  • Organization: Domain Name Dispute Resolution Center
  • References:
  • Sender: owner-council@xxxxxxxxxxxxxx
  • Thread-index: Acvg7oambIuqUPTkSACWfrY36+odDwAAN0tg

Dear Pam,

 

A thought:

 

Kristina's point on IPR infringement is a great idea.

 

I understand that there is concern on evidence linking a third
party/registrar and the fake renewal notice.

 

What about shifting the burden of proving/disproving on the purported
party(s) who's logo is on the notice.

 

Since ICANN cannot verify whether or not the notice actually came from the
Registrar/Reseller, maybe there exists the possibility of sending a notice
to the party who's logo is on the fake notice.  This will put the burden on
the Registrar/Reseller to make a clear statement denying any link with the
sender of the fake notice.  This would help is any future litigation.  Also
it may help with putting Registry/Registrar/Resellers on notice to take
positive steps towards mitigating their liability. Eg.
http://www.domainavenue.com/scam_melbourne_it_imposter.htm

 

 

 

 

 

Sincerely,

 

 

Zahid Jamil

Barrister-at-law

Jamil & Jamil

Barristers-at-law

219-221 Central Hotel Annexe

Merewether Road, Karachi. Pakistan

Cell: +923008238230

Tel: +92 21 35680760 / 35685276 / 35655025

Fax: +92 21 35655026

 <http://www.jamilandjamil.com/> www.jamilandjamil.com

 

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