To all parties:
Responses in-line; NOTE IMPORTANT CONTACT INFORMATION!
"Domain.Disputes" wrote:
>
> 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.
Thank you for your courtesy regarding the e-mails. I
do believe that
the e-mails from Jason Aquilino and me, as well as their contents, have
relevance to some of the issues in this case.
> 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.
The transfer in question was made in direct response
to a letter I
received, dated December 27, 2004, signed by Pam Donahoo of American
Mensa, Ltd. and DeDe Tredinnick who is head of Minnesota Mensa,
requesting that the domain name be transferred to Minnesota Mensa.
> 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.
Arguing that "Minnesota Mensa" is a front for me would
be to present a
falsehood. (It might be argued, though, that Minnesota Mensa is a
"front" for American Mensa, as it embodies American Mensa's presence in
Minnesota.)
The Co-respondent Minnesota Mensa in whose name the
domain name
minnesotamensa.org is now registered is a separate and distinct entity
from Co-respondent Heigl.
The Minnesota Mensa in question is the organization
with which I signed
a written agreement on August 10, 2002 that can be seen at
http://www.millcityrecords.com/mndensa/agreement.htm.
The Minnesota Mensa in question is the organization
whose First
Vice-Secretary (then and at this writing), Paul Jensen, negotiated,
drafted, and signed that agreement on behalf of Minnesota Mensa.
The Minnesota Mensa in question is the organization
whose presiding
officer (then and at this writing), Local Secretary DeDe Tredinnick,
authorized Paul Jensen to "conduct the affairs of Minnesota Mensa" as
shown at
http://www.millcityrecords.com/mndensa/emails/ag-email46.htm.
The Minnesota Mensa in question is the organization
whose current
governing officers are listed at
http://www.minnesotamensa.org/excomm.htm. As you can see, the top
governing officer in Mensa Local Groups is known as the Local Secretary,
or LocSec, a position equivalent to president or chairman.
Since the Center has determined that there are now two
Co-respondents,
it follows that each needs to receive individual and separate Service of
Process. Co-respondent Minnesota Mensa may wish to retain Counsel in
this case, and should not be hindered from exercising this choice or
considering other options that will aid in settling this matter.
I hold no governing office in Minnesota Mensa. Service
of anything by
any means or method to me is not Service to Minnesota Mensa.
The full contact information for Co-respondent
Minnesota Mensa is as
follows:
Leigh Ann (DeDe) Tredinnick
Local Secretary
Minnesota Mensa
Baldwin, WI 54002
USA
Telephone: 715-265-4022
Ms. Tredinnick's e-mail address is dedet@baldwin-telecom.net;
however,
to facilitate communication being seen as directed to Minnesota Mensa
itself, the address locsec@minnesotamensa.org is aliased to her personal
address.
"postmaster@minnesotamensa.org" was a reasonable
guess; however, our ISP
does not automatically assign this address as a default. E-mails
containing that as a cc: address, sent by WIPO on Tuesday, March 8,
2005, did not reach Minnesota Mensa, and should be re-sent to one of the
addresses in the preceding paragraph.
> 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)
My e-mail copies pertaining to the above-referenced
amendment, sent by
Jason Aquilino on Friday, March 4, 2005, shows no indication that a copy
was also sent simultaneously to Co-respondent Minnesota Mensa;
according, copies of those e-mails (and all subsequent ones by all
parties) should be sent to locsec@minnesotamensa.org so that both
Co-respondents are properly served.
Also, yesterday, March 10, 2005, FedEx made a delivery to me of a
package mailed by the Center on Tuesday, March 8, 2005. The Center
should ensure that a copy of the contents of that package (and any
subsequent ones) are also sent to Minnesota Mensa at the address above,
so that both Co-respondents are properly served.
Thank you.
Sincerely,
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/