>>> Domain.Disputes 3/03/05 8:59:16 AM >>>
Dear Parties,
The Center has examined the correspondence between the
parties in
regard to this proceeding and has come up with the following points.
1) The Center will not be terminating this case. The
Complainant has
clearly indicated that it wishes the case to continue and the Center
does not have the power to deem this dispute resolved when one party
clearly does not consider it resolved. The matters raised by the
Respondent in his e-mails may be relevant for the Panel when deciding
this case and will be forwarded to the Panel upon appointment.
2) The Center notes that during the suspension period,
Respondent
transferred the domain name to a new registrant "Minnesota Mensa"
although the Respondent appears to retain control of the domain name and
the website. This transfer was not the result of cyberflight (i.e. an
attempt to escape the jurisdiction of the complaint by changing
registrant details to a fake address), but appears to be the result of
an effort to resolve the dispute in some way. A complaint must be
directed against the official registrant of the domain name, otherwise
enforcement is difficult to obtain.
3) Therefore, given that the domain name is now
officially registered
to "Minnesota Mensa" the Center requests that the Complainant amend the
Complaint to name both Alan Heigl and "Minnesota Mensa" as Respondents.
The Complainant is free to argue that "Minnesota Mensa" is a front for
Mr. Heigl and does not represent the real Minnesota Mensa organization,
but formally, the Complaint must name "Minnesota Mensa" as a Respondent.
4) Please send the amendment by e-mail and by fax to +41 22 740 3700.
Respondent and registrar should both be copied. Once the Center receives
this amendment, the Notification of Complaint will be sent to
Respondent(s)
Sincerely
Nicholas Smith for Leena Ballard
Case Manager
WIPO Arbitration and Mediation Center
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