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[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
> 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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> ***********************************************************************

Letter from Snitkovsky to Touton re UDRP (25-Nov-02).pdf

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