"Aquilino, Jason A." wrote:
> Ms. Ballard:
>           Before this complaint was filed, American Mensa asked Respondent
> to "transfer the name to Minnesota Mensa".

This is correct. I am the Webmaster of Minnesota Mensa pursuant to a
signed written agreement between Minnesota Mensa and me.

> After this complaint was
> filed I corresponded with Respondent by email and he expressed what I
> thought was a desire to settle this issue

This is also correct, although ultimately the real issues will be solved
in Minnesota.

> and transfer the name to
> Complainant.

That's where you went wrong, Jason. Look above at the first sentence
you wrote to Ms. Ballard -- you yourself admit that American Mensa asked
Respondent to "transfer the name to Minnesota Mensa". So why on earth
would you think I would express a desire to transfer the domain name
elsewhere? Well, we know why -- you made a mistake. You weren't
thinking well that day, or you hadn't paid adequate attention to details
when you looked over Pam Donahoo's letter dated 12/27/04 where, as you
quoted above, she expressed quite clearly where she wanted me to
transfer the domain name.

> I gave him all of the information he would need to
> properly transfer the name to Complainant.

Which was foolish and worthless, because that is not what I had been
asked to do. I still say that it was a mistake you made because, as we
have seen repeatedly, you often fail to pay attention to details.

> I suspended this case and
> Respondent transferred the domain name to Minnesota Mensa, but he did so
> in name only.

Seems to me that when transferring a name, "in name only" would be the
way to do it.


>          As you likely know, the most important information for a domain
> name transfer is the email address.

That's debatable.

> 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.

My intention, now and for the future as long as that signed written
agreement is in effect and is not superseded by another signed written
agreement between Minnesota Mensa and me, is to maintain control of the
integrity of Minnesota Mensa's website. This naturally includes making
certain that control of the domain name is not misused to the detriment
of the website.

> 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.

Please note, from the information available through
http://www.millcityrecords.com/mndensa/domains/, that this is true of
EVERY OTHER MENSA LOCAL GROUP WEBSITE where the Local Group maintains
its own domain name.

> Therefore, Complainant has
> absolutely no control over the domain name and we do not consider this
> case resolved.

I suppose that if I were the one busily racking up the hours and
expenses, I'd look for reasons to say that I didn't consider the case
resolved, too.

The fact is that Complainant has absolutely no control over the domain
names of any other Mensa Local Group that has its own domain name.

> I kindly ask you to continue with this UDRP proceeding.
> Thank you.

Jason, you claim to be representing American Mensa, Ltd. To ask that
one Local Group Webmaster be treated differently from all other Local
Group Webmasters is a direct violation of one of Mensa's bylaws. Or
didn't you research that aspect of things?

>
> 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

Al Heigl
Webmaster,
Minnesota Mensa

--

Alan Heigl
Mill City Records
P.O. Box 177
Northfield Minnesota 55057-0177
507-663-6090
(Professional Proofreading,
Web Site Work using FrontPage 2003)
http://www.millcityrecords.com/webwork/