Re: [ga] Registerfly domain renewal issues

["kidsearch" <kidsearch@xxxxxxxxxxxxx>]

http://www.wipo.int/amc/en/domains/decisions/html/2006/d2006-1118.html

This continues to amaze me. Taking down fan sites because they are similar 
to what they are a fan of. It makes no sense whatsoever. BarbieFans.com 
would go to mattel because it has the name barbie in it.

But the corporations get more leeway than individual users. An example, the 
high cost of arbitration. Individual users have a hard time hiring a lwayer 
and paying high fees to go into arbitration. If you want a 3 member panel it 
costs more. A corporation has lawyers on staff and can afford to do this all 
the time to grab up more and more domain names while an individual user does 
not have that same ability.

They send out emails that threaten users with legal action quoting 
cybersquatting laws, jail, and fines to make the average user relinquish 
their rights and nothing at all is being done about this.

How about a response Vint. When is ICANN going to balance the needs of 
individual users against these bullies?

Don't quote me strictly on this case. Address the overall issue. Too 
expensive for small businesses and individuals to do the arbitration process 
and toom many domain names that are not "confusingly" similar to the 
trademarks being decided as confusing. No one will confuse applefan.com with 
apple.com or assume it is an apple site. It is obviously a domain registered 
by someone who likes apple or that is what most would think. Same with 
barbiefan.com, etc.

Also comments about reverse domain hijacking need to be addressed.

Chris McElroy aka NameCritic
http://www.articlecontentprovider.com



----- Original Message ----- 
From: "Dominik Filipp" <dominik.filipp@xxxxxxxx>
To: "Jeff Williams" <jwkckid1@xxxxxxxxxxxxx>
Cc: "ga" <ga@xxxxxxxxxxxxxx>; "vinton g. cerf" <vint@xxxxxxxxxx>; "icann 
board address" <icann-board@xxxxxxxxx>
Sent: Monday, December 04, 2006 3:21 AM
Subject: RE: [ga] Registerfly domain renewal issues


> Hi Jeff,
>
> ICANN receives $$ from registrants not from Registerfly. If ICANN
> doesn't worry about whom it serves then it's up to the constituencies,
> that is also us, to remind ICANN of its duties.
>
> Dominik
>
>
> -----Original Message-----
> From: Jeff Williams [mailto:jwkckid1@xxxxxxxxxxxxx]
> Sent: Monday, December 04, 2006 8:30 AM
> To: Dominik Filipp
> Cc: ga; vinton g. cerf; icann board address
> Subject: Re: [ga] Registerfly domain renewal issues
>
> Dominik and all,
>
>  I for one as well as several of our members as I have been informed of
> recently, agree with you.  However as ICANN receives $$ from
> Registerfly, it is not likely they will send any stern warning, if any
> warning at all.
>
> Dominik Filipp wrote:
>
> > Registerfly is long since known as doing this nasty business. I've
> > read many articles about it during past months. Seems like they are
> > still getting away with it without being strongly warned by ICANN.
> > ICANN should immediately send them an official warning letter to stop
> > this practice and fix all pending transfers, otherwise their
> > accreditation will be cancelled.
> > Registerfly is flagrantly violating the ICANN's domain transfer
> > regulations and the related bylaws.
> >
> > I can imagine how desperately such customers feel facing a problem
> > they are not able to cope with.
> > Can anybody here officialy ask ICANN representatives to deal with this
>
> > issue urgently?
> >
> > Dominik
>
> Regards,
>
> --
> Jeffrey A. Williams
> Spokesman for INEGroup LLA. - (Over 134k members/stakeholders strong!)
> "Obediance of the law is the greatest freedom" -
>   Abraham Lincoln
>
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> often the accident of glory" - Theodore Roosevelt
>
> "If the probability be called P; the injury, L; and the burden, B;
> liability depends upon whether B is less than L multiplied by
> P: i.e., whether B is less than PL."
> United States v. Carroll Towing  (159 F.2d 169 [2d Cir. 1947]
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