Ms. Ballard:
          Before this complaint was filed, American Mensa asked Respondent
to "transfer the name to Minnesota Mensa". After this complaint was
filed I corresponded with Respondent by email and he expressed what I
thought was a desire to settle this issue and transfer the name to
Complainant. I gave him all of the information he would need to
properly transfer the name to Complainant. I suspended this case and
Respondent transferred the domain name to Minnesota Mensa, but he did so
in name only.
As you likely know, the most important information for a domain
name transfer is the email address. Whoever controls the email controls
the domain name because all notices of renewal, permissions to transfer,
and ability to change the whois information for a domain name go to the
person whose email is associated with the domain name. Respondent is
very much aware of this fact and he never had any intention of
surrendering control of this domain name, despite the game of semantics
he tried to play with me and Complainant. Respondent changed the name
of the Registrant but he kept the domain name linked to his email
address, alheigl@millcityrecords.com. (see current whois information
below). In a week from now, Respondent and only Respondent, would be
able to change the Registrant again or transfer the domain name to a
third party with no say from Complainant. Therefore, Complainant has
absolutely no control over the domain name and we do not consider this
case resolved. I kindly ask you to continue with this UDRP proceeding.
Thank you.

CURRENT WHOIS FOR MINNESOTAMENSA.ORG
Minnesota Mensa
c/o P.O. Box 177
Northfield, Minnesota 55057-0177
United States
Registered through: TotalChoice Hosting

Domain Name: MINNESOTAMENSA.ORG
Created on: 28-Jun-03
Expires on: 28-Jun-05
Last Updated on: 13-Feb-05
Administrative Contact:        Heigl, Webmaster, Alan
alheigl@millcityrecords.com
Minnesota Mensa
c/o P.O. Box 177
Northfield, Minnesota 55057-0177
United States

Sincerely yours,

Jason Aquilino

-----Original Message-----
From: Domain.Disputes [mailto:Domain.Disputes@wipo.int]
Sent: Tuesday, March 01, 2005 3:47 AM
To: PamD@americanmensa.org; McCann, Clifton E.; Aquilino, Jason A.
Cc: alheigl@millcityrecords.com; webmaster@minnesotamensa.org
Subject: WIPO Case No. D2005-0068/ Transfer of domain name

Dear Mr. Aquilino,

It appears that during the suspension period the disputed domain name
has been transferred to an entity called "Minnesota Mensa". Kindly
indicate whether the Complainant has control over the domain name.

Sincerely,
Leena Ballard
WIPO AMC

------------------------------------------------------------------------
----------------------------------------------------------
The WIPO Arbitration and Mediation Center is an international provider
of non-profit services for the out-of-court resolution of commercial
disputes. The Center specializes in cases arising out of technology and
intellectual property transactions, such as licensing, R&D and
distribution agreements. WIPO arbitration and mediation contract
clauses:
http://arbiter.wipo.int/arbitration/contract-clauses
WIPO domain name dispute resolution: http://arbiter.wipo.int/domains
WIPO training events: http://arbiter.wipo.int/events

**********************************************************************
This electronic mail transmission may contain confidential or privileged information. If you believe
you have received this message in error, please notify the sender by reply transmission and
delete the message without copying or disclosing it.
**********************************************************************