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EuroDNS and ICANN Trade Jabs

May 6, 2011Domaining, Domainnamewire, eurodns, icann, Policy & Law, xavier buckComments Off on EuroDNS and ICANN Trade Jabs

Popular European domain registrar and ICANN continue to spar over

Following a notice of breach sent by ICANN to EuroDNS, the two companies have traded jabs in correspondence.

On April 25 EuroDNS CEO Xavier Buck sent a letter (pdf) to ICANN explaining why it had not transferred the domain name, which was lost in a UDRP case. Buck expressed disappointment that ICANN sent the breach notice that publicly “put under question” EuroDNS’ reputation. He said the company reserves the right to “seek reparation” on that point.

According to Buck, EuroDNS did not transfer the domain name because it was named in a lawsuit regarding the domain name shortly after the UDRP decision was handed down. He says ICANN was notified of this so he was surprised to receive the breach notice. He also asked ICANN to indemnify it should the registrar go ahead and transfer the domain.

In response, ICANN Contractual Compliance Manager Khalil Rasheed just sent a letter (pdf) stating that Buck’s letter “includes numerous inaccurate and extraneous assertions that we won’t go into here”.

The letter goes on to request more information from EuroDNS.

This is a different type of lawsuit than those that generally stop the transfer of domains lost in UDRP. Still, I find ICANN’s response a bit puzzling. If EuroDNS’ letter includes numerous inaccurate assertions, ICANN should list them in its response letter rather than make a blind assertion in response.

© 2011.

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[Updated] ICANN Sends Breach Notice to EuroDNS Over Facebook UDRP

April 21, 2011Domaining, Domainnamewire, eurodns, facebook, Policy & Law, udrpComments Off on [Updated] ICANN Sends Breach Notice to EuroDNS Over Facebook UDRP

ICANN threatens EuroDNS if it fails to transfer domain name to Facebook.

ICANN has sent a Notice of Breach (pdf) to popular European domain name registrar EuroDNS for its failure to transfer a client domain name after an adverse UDRP decision.

In September 2010 a EuroDNS client lost a UDRP for (with one ‘o’), which is certainly a common typo for the popular social network. As of today the domain name is still in the client’s hands. It forwards to a page offering a “Facebook survey”.

Domain name registrars have ten days to transfer a domain name after receiving communication from the UDRP provider of an adverse decision unless the respondent files a lawsuit over the domain name.

In this case it’s about six months late.

This may be a case of a domain slipping through the cracks, although ICANN says it:

had multiple communications with EuroDNS on 31 March 2011, during which time ICANN informally encouraged EuroDNS to comply with the Panel decision and warned EuroDNS of the consequences of not doing so.

EuroDNS has 15 days to cure the breach.

[Update: EuroDNS has released the following statement]

As you know, EuroDNS is a respected member of the ICANN Community and has always scrupulously abode by ICANN Policies. This case is no exception as, contrary to what the letter implies. Furthermore please also know that the implementation of the UDRP decision was initiated the next day of our receipt of the WIPO email. We indeed do not want to breach and obviously have no interest in blocking a rightful transfer nor impede a WIPO decision.

Now, where it gets complicated – and what ICANN surprisingly does not mention in their letter – is that, on the same day, both we and the complainant of the UDRP were served summons to appear in front of the Luxembourg civil court. The court papers said that the Respondent to the UDRP has stolen the domain name from them and asked for a local judge to prevent us from transferring the domain name to anyone until the ownership of the domain name be ruled… This case is still pending and each party is currently submitting their pleadings to the court.

We are therefore in an incredible position where if we transfer the name before the judge’s ruling we will be accountable in our own country and if we don’t transfer the name we are in breach of the RAA.

We have informed ICANN, WIPO and the Complainant of these facts and ICANN specifically told us in an email dated March 31st they would « have the document translated and reviewed for compliance with priority» (French being the official language in Luxembourg) and get back to us. The public letter published last night is the first time we heard back from ICANN ad as you can see no reference is made to our exchange with them nor to the court papers which they did acknowledge receiving. Maybe ICANN is lacking a translator?

While we were prevented to finalize the implementation of the UDRP decision, we did initiated this process and the complainant’s counsel was even sent the Authcode for the proper transfer, as soon as we could handle the WIPO decision. The sole reason why the transfer has not taken place yet is to allow for the civil court of our country to render their ruling. Indeed the lawsuit did not come from the respondent per se, but considering it came from someone alleging fraud and impersonation, and asking a judge to prevent us from allowing this asserted offense to continue, it is quite difficult for us to make a decision.

Now considering ICANN late notice, the easy thing to do would be to abide by the UDRP and we are obviously prepared to do so as we always were. Nevertheless, the question remains : should we simply ignore a judiciary court case against us in our own country – that could prevent us from operating the transfer since it is was asked of the judge – because of our RAA’s obligations ? We would gladly do so, but ICANN needs to make their choice crystal clear, after having -this time – read all the relevant documents.

© 2011.

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DomainTools Takes Investment, Forms Advisory Board

June 8, 2010Domain Services, Domaining, Domainnamewire, domaintools, eurodnsComments Off on DomainTools Takes Investment, Forms Advisory Board

Whois data service takes outside investment.

DomainToolsFile this in the category of “happened a while ago, but no one knew about it”.

During yesterday’s DomainTools Open House, DomainTools CEO Tim Chen said that the company had taken on outside investment and formed an advisory board. Here’s an official statement from the company:

As part of Thought Convergence’s goal to expand the DomainTools brand, products and services globally, we have taken on a group of strategic investors, including EuroDNS and a European investment fund. In addition to moving Tim Chen into the role of CEO, DomainTools has created an Advisory Board comprised of prominent domain industry professionals, including Xavier Buck, Slavik Viner, Richard Lau, Paul Keating, Ray Bero, Kevin Vo and Ammar Kubba.

The investment was made last year. Thought Convergence remains the majority shareholder of DomainTools.

© 2010.

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