Request for Reconsideration
Request 00-5
Submitted by: James Trefil
Date: 11 May 2000

From: Trefil, James K. [JKTrefil@HHLAW.com]
Sent: Thursday, May 11, 2000 4:41 PM
To: 'reconsider@icann.org'
Cc: 'Adam Corelli'
Subject: Request for Reconsideration -- BODYANDSOUL.COM

This law firm, Hogan & Hartson L.L.P., represents Adam Corelli, the registrant of domain name BODYANDSOUL.COM, which was the subject of a recent administrative proceeding pursuant to ICANN's Uniform Domain Name Dispute Resolution Policy (NAF File No. FA0094235, decision rendered April 12, 2000).

In the administrative proceeding, the arbitrator directed that the domain name BODYANDSOUL.COM be transferred to complainant T.M. Pacific Co., Inc. Because of numerous factual and legal errors in the arbitrator's opinion, Mr. Corelli has exercised his right under Paragraph 4(k) of the ICANN policy to seek a judicial determination of his right to use the domain name (Corelli v. T.M. Pacific Co., United States District Court for the Eastern District of Virginia, Civ. Action No. 00-701-A, filed April 27, 2000). Notification of the lawsuit having been provided to domain name registrant NSI, no action regarding the domain name will be taken by NSI until the Court case is resolved.

Despite Mr. Corelli's federal lawsuit, however, ICAAN continues to post its decision in the administrative proceeding on its web site, irreparably harming Mr. Corelli's personal and business reputation with its patently incorrect finding Mr. Corelli acted in bad faith in registering the contested domain name.

Because the rights to the domain name will be decided independently by the Court, moreover, the arbitrator's opinion is not only incorrect, but moot. Therefore, Mr. Corelli requests that the link to the text of the opinion be removed from ICANN's web site, and that the status of the dispute be shown as "judicial determination pending."

The requested change is consistent with the purposes of Paragraph 4(k); namely, that ICANN will yield to the authority and decision of the Court once a lawsuit is filed regarding rights to a domain name.

If removing the link to the opinion is contrary to an existing ICANN policy, Mr. Corelli requests that such policy be reconsidered and modified. No purpose is served by the continuing publication of opinions that are without force and effect, and which will give readers an incorrect understanding of the status of a contested domain name.

We would be pleased to provide any additional documentation you feel is necessary to evaluate this request. Correspondence or inquiries regarding this matter may be addressed directly to me at: James K. Trefil, Esq. Hogan & Hartson L.L.P. 8300 Greensboro Drive, Suite 1100 McLean, Virginia 22102 JKTrefil@hhlaw.com (703) 610-6167

Mr. Corelli's address is: Adam Corelli 165 Roxborough Street East Toronto, Ontario, Canada M4W 1V9 comment@webseek.com

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