Dear Mr. Aquilino,
The Center acknowledges receipt of these two e-mails
and will notify
the Complaint once the Center receives the hardcopy.
Sincerely
Nicholas Smith for Leena Ballard
Case Manager
WIPO Arbitration and Mediation Center
----------------------------------------------------------------------------------------------------------------------------------
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
>>> "Aquilino, Jason A."
<JAAquilino@venable.com> 4/03/05 4:09:48 PM
>>>
All:
The first amended
complaint in Case No. D2005-0068 is attached.
A hard copy has been mailed to WIPO, Respondent, and GoDaddy, with
additional exhibits for the amended section. These exhibits will also
be sent by a second email.
Best Regards,
Jason A. Aquilino, Esq.
Copyright, Unfair Trade and Entertainment
Venable, LLP
575 7th Street, NW
Washington, DC 20004-1601
202.344.8262
202.344.8300 [FAX]
http://www.venable.com
mailto:jaaquilino@venable.com
-----Original Message-----
From: Domain.Disputes [mailto:Domain.Disputes@wipo.int]
Sent: Thursday, March 03, 2005 2:59 AM
To: alheigl@millcityrecords.com; Aquilino, Jason A.
Cc: PamD@americanmensa.org; McCann, Clifton E.
Subject: RE: WIPO Case No. D2005-0068/ Transfer of domain name
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
------------------------------------------------------------------------
----------------------------------------------------------
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
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