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Request for Reconsideration |
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Request for Reconsideration |
From: Russ Smith [russ@consumer.net]
Sent: Thursday, January 06, 2000 9:15 PM
To: reconsider@icann.org; Krose@Ntia. Doc. Gov; Becky Burr; ksmith@ntia.doc.gov
Cc: dmullen@alabanza.com; csr@ofc.alabanza.com; Russ Smith; Louis Touton; elliott@icann.org
Subject: reconsideration request/DOC complaint
I am submitting this document both as a reconsideration and stay request to
ICANN and to the Dept. of Commerce NTIA as an update to complaint concerning
the failure of ICANN to abide by the cooperative agreement between ICANN and
DOC.
==
I am requesting a reconsideration (http://www.icann.org/general/reconsideration.htm) of the revocation of domains ending in a "-" (i.e. a-.com). I am filing this reconsideration based on the notice I received from Alabanza (bulkregister.com) (see below).
I am also requested a stay in the revocation action. My reasons are as follows:
-The Board/DOC failed to provide formal notification to the individual domain holders so they could state their cases.
-The decision to revoke the domains was not made using the processes outlined by ICANN. There was clearly not a full review by the Board, discussion period, or an public comment period. The decision was made in such a short period of time there was not sufficient time to fully develop the issues in a written format so they could formally be submitted to ICANN and placed on the public record.
-ICANN staff (legal counsel Touton) refused to provide me a written decision, or any supporting documentation whatsoever relating to this matter. ICANN has not complied with the stipulations in the cooperative agreement between DOC and ICANN and/or the ICANN bylaws. Mr. Touton also refused to tell the ICANN decision to revoke the names was considered "final" even though I repeatedly asked him to provide me with this information. Mr. Touton knowingly and willfully violated the ICANN bylaws and the agreement between DOC and ICANN.
-Public statements made by ICANN Board member Roberts clearly indicated in public statements that the primary reason for revoking these domains was the concern over issues involving trademarks and/or the Lanham Act. The ICANN Board has no authority to revoke names based on Lanham Act considerations except as outlined in the domain name dispute policy.
-Some domain names are currently being used in Commerce. ICANN/DOC has no authority to prevent mark holders from using their marks in commerce.
-DOC has failed to respond to a complaint that ICANN is not following the stipulations contained in the cooperative agreement between ICANN and DOC.
-The revocation of domain names and preventing their use in commerce is contrary to the mission of the DOC.
-The revocation will harm several small businesses costing them money to submit refunds for the domains. These are domains which customers wish to purchase which will then be prevented from being used by anyone. This is contrary to the mission of the DOC.
Russ Smith
===
-----Original Message-----
From: David Mullen [mailto:dmullen@alabanza.com]
Sent: Thursday, January 06, 2000 3:02 PM
To: russ@consumer.net
Cc: csr@ofc.alabanza.com
Subject: domain names ending in a hyphen Russ, In answer to your question, ICANN
has restricted all registrars from registering domain names ending with a hyphen.
Any name registered in Bulkregister with a hyphen before the .com will be revoked.
This restrriction is beyond our control. Fortunately, it is only one restriction
of a very few.
Let us know if yoyu have any other questions.
Thanks!
Dave Mullen
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Customer Service Representative
Alabanza, Inc.
"People seldom become famous for what they say until after they are famous for what they've done." -- Cullen Hightower