Dear Parties,
The Center acknowledges receipt of the attached
communications which
will be forwarded to the Panel.
Please be advised that the Notification of Complaint
and Commencement
of Administrative Proceeding was forwarded in accordance with the Rules,
para 2(a).
We will now proceed to inviting the Panel in this
matter.
Sincerely,
Leena Ballard
WIPO AMC
----------------------------------------------------------------------------------------------------------------------------------
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| Subject: |
Re: MinnesotaMensa.org |
| Date: |
Fri, 11 Mar 2005 02:16:56 -0600 |
| From: |
Al
Heigl <webmaster@minnesotamensa.org> |
| Reply-To: |
alheigl@millcityrecords.com |
|
Organization: |
NARAS, Mensa, I.S.P.E., Triple-Nine, ex-MDA |
| To: |
"Aquilino,
Jason A." <JAAquilino@Venable.com> |
| CC: |
"Domain.Disputes"
<Domain.Disputes@wipo.int>,
<PamD@americanmensa.org>,
"McCann, Clifton E."
<CEMcCann@Venable.com>,
Minnesota Mensa
<locsec@minnesotamensa.org> |
| References: |
1 |
"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/
| Subject: |
Re: WIPO Case No. D2005-0068/ Transfer of
domain name |
| Date: |
Fri, 11 Mar 2005 02:18:28 -0600 |
| From: |
Al
Heigl <webmaster@minnesotamensa.org> |
| Reply-To: |
alheigl@millcityrecords.com |
|
Organization: |
NARAS, Mensa, I.S.P.E., Triple-Nine, ex-MDA |
| To: |
"Aquilino,
Jason A." <JAAquilino@Venable.com> |
| CC: |
Minnesota Mensa
<locsec@minnesotamensa.org>,
"Domain.Disputes"
<Domain.Disputes@wipo.int>,
<PamD@americanmensa.org>,
"McCann, Clifton E."
<CEMcCann@Venable.com>, |
| References: |
1 |
"Aquilino, Jason A." wrote:
>
> Dear Mr. Heigl:
>
> I
assure you that no mistake has been made in the complaint
> against you.
I'm sure you do -- everybody please note that I
predicted this response
in a previous e-mail.
> American Mensa, the US trademark owner of the
MENSA mark,
> would like the unauthorized domain name, MINNESOTAMENSA.ORG, transferred
> to American Mensa.
No, it wouldn't. Try reading American Mensa's letter
to me dated
December 27, 2004. American Mensa would like the domain name
transferred to Minnesota Mensa. This has been done.
Furthermore, it *is* an authorized domain name.
Minnesota Mensa and I
are parties to a signed written agreement naming me as Webmaster for
Minnesota Mensa. As Webmaster, I authorized that domain name.
> American Mensa does not recognize
MINNESOTAMENSA.ORG
> as the official web site for the Minnesota chapter.
Well, it's high time it did, because
minnesotamensa.org IS the official
website for the Minnesota Chapter, because its Webmaster says it is, and
that's all it takes.
> American Mensa has
> only authorized Minnesota Mensa to register and operate MNMENSA.org.
I am calling this a blatant lie, although I concede it
may arise more
out of ignorance than deliberate mendacity. American Mensa did no such
thing.
You are forgetting that I also was the original
Webmaster for Minnesota
Mensa. I made the proposal, had it accepted, was appointed Webmaster,
proposed the domain name, had it registered, and designed and published
the website.
(Actually, the original choice for domain name was
indeed
minnesotamensa.org, but back then I believe there was a length limit,
since lifted, so we went with mnmensa.org because it was short enough.)
What I did *not* do was submit the domain name to
American Mensa for its
"authorization" because American Mensa does not authorize Local Group
domain names.
I am willing to consider evidence to the contrary, if
you can provide
it, and in that case will publicly apologize.
Please provide all of us with a copy of the purported
document whereby
American Mensa authorized the domain name for Minnesota Mensa. Bear in
mind that to support your assertion, this document needs to be dated
between March 14, 1998 (when I began my inquiries as to whether
Minnesota Mensa would like me to do their website), and April 30, 1998
(when the site was up and running under its original domain name at that
time).
If you can provide us with a copy of the American
Mensa document
authorizing Minnesota Mensa's domain name (or a copy of any American
Mensa document authorizing *any* Local Group's domain name), fine, do
so. If you can't (and I don't think you can), then you're well advised
to zip the lip on that argumentation approach, because nobody will be
buying it.
Besides, let's take a look at what's at mnmensa.org --
what you're
claiming is the website that should represent Minnesota Mensa.
EVERYBODY: Here's a good representative example:
browse to
http://www.mnmensa.org/archives/puzzles/ -- please note the quality
(meaning the lack thereof).
This is a page archiving puzzles that have appeared in
the Minnesota
Mensa monthly magazine (Mensagenda) and reprinted on the website.
1. Note that it is incomplete and out of date. Nothing
before 2002 or
since October 2004.
2. Note that some are listed as "unavailable".
3. Note especially the entries for May, June, July,
August, and November
2003, where there links to the answers but NO LINKS TO THEIR PUZZLES!
4. Note that the links to those answers without
puzzles are all bad.
And, while the archive page shows "March Links" at the upper left, the
custom File Not Found page says "September Links".
(I strongly recommend that readers of this e-mail do
something to
preserve this evidence, since the WWW is very transient, and it's likely
that someone will be dispatched to fix this page or remove it. Use File
| Save to save a copy, or print it out, or at least take a screen shot
of it.)
This page was created by what I still consider an
inept, incompetent,
webmaster wannabe, Jason Schmitz. As far as I know, this page has been
in this deplorable condition for over two years.
(There's lots more where this came from. I have
multiple copies over
time of this website. Currently there are 41 broken internal links.
That's not counting a lot of typos, misspellings, etc.)
This page makes Minnesota Mensa look like a bunch of
morons.
Now, for contrast, let's look at the same thing at the
real website,
minnesotamensa.org. Here is the link:
http://www.minnesotamensa.org/puzzles.htm.
Note here that all months in which the puzzle was put
on the website are
covered. The answers are each linked from it puzzle. All the links are
good.
Conclusion? Anybody who would look at both pages and
then advocate that
mnmensa.org represent Minnesota Mensa is an enemy of Mensa, a person who
*wants* Mensa's image and reputation to suffer.
How about it, Jason? If you take your job seriously to
act in the best
interests of your client, you'd be on my side on this issue.
>
Yes, you were initially asked to transfer your registration to
> Minnesota Mensa. However, after you chose to ignore Ms. Donahoo's
> request and after I became involved as an authorized agent of American
> Mensa, that request was changed.
Baloney. As I said above, I predicted that you would
try to weasel out
of your mistake in the paperwork.
(You had no way of knowing at the time, but I hadn't
"chosen" to ignore
Ms. Donahoo's request. What I *had* done was to set her envelope aside
for a couple of weeks, unopened, because it hadn't been mailed from her
office and it physically looked like a grade school crafts project.
Browse to
http://www.millcityrecords.com/mndensa/pld-env.htm and you'll
see what I mean.)
After you were involved, I started noticing malformed
e-mails, typos,
and other evidence of your lack of attention to detail. (Did you ever
hear back from Camille Ede that MINNESOTAMENSA.COM had been unlocked?)
"... that request was changed." Why? What you thought
was my "choice
to ignore" was certainly no justification for changing the parameters.
After you were involved, your job was to pursue Ms. Donahoo's request,
not change it.
I still say that "that request was changed" because
you weren't paying
attention to detail when you were typing the stuff up, and now you're
trying to justify your error, but you've provided no justification.
> The new request, made clear from the
> complaint and from my many emails to you, is that the name be
> transferred to American Mensa.
As I've noted in at least one previous e-mail, go to
http://www.millcityrecords.com/mndensa/domains/,
click the links, and
show me even *one* Mensa Local Group with its own domain name that has
that name registered to American Mensa. You can't; American Mensa
doesn't operate that way.
Your pursuing this "request" is a violation of Mensa
bylaws.
>
I would also kindly ask that you discontinue your childish
> insults
Request denied, primarily because if they were truly
"childish insults",
you wouldn't even bother addressing the issue.
> and the defamatory accusations
Today's lesson: although they both start with "de" and
end with "atory"
and have ten letters, the words "defamatory" and "derogatory" are two
different words, with significantly different meanings. No doubt, since
precision of words are crucial to lawyering, you have a dictionary to
hand. Your assignment is to look up these two words and contemplate
their different meanings. Compare and contrast.
> that I am a liar,
All I can say is that there's a phrase I came across a
few years back,
when I was (successfully) representing myself in a child custody case,
that goes "... tell the truth, the whole truth, and nothing but the
truth." You may have heard of it.
When you write that I failed to transfer the domain
name to American
Mensa, while conveniently omitting the fact that American Mensa asked me
to transfer it to Minnesota Mensa, that is not telling the whole truth,
and our American justice system equates that with lying.
Face it, Jason, anytime you tell a half-truth, or put
something in a
document that isn't so, I will call you on it. Every time.
> that I am not
> an authorized agent of American Mensa,
Well, I think that's a lie. Show me where I said or
even implied
anything of the sort. I fully acknowledge that you are an authorized
agent of American Mensa (to its detriment), and I've never written
anything to the contrary.
(Since you are an "authorized agent" of American
Mensa, your job was to
assist in your client's request that the domain name be transferred to
Minnesota Mensa, and once that was done, your function is discharged and
you should stop, rather than try to run up the meter.)
What I *did* mention is that, based on what I've seen
so far, I have my
doubts whether you are a plain old dues-paying member of Mensa, or would
even qualify.
I can easily be set straight on this. Pam Donahoo
could certainly
advise me if you are indeed a paid-up member of Mensa. Or you could
scan your membership card and send it to me.
If you are in fact *not* a member of Mensa, you could
still provide
evidence that you would qualify for membership. I would assume that you
took the LSAT; what I don't know is whether that implies that you would
not have taken the GRE. In either case, your score would be definitive.
Or just browse to
http://www.us.mensa.org/join_mensa/testscores.php3,
and provide a copy of the results of one of those tests you've taken.
> that I have made a material
> mistake
Well, when American Mensa requests that a domain name
be transferred to
Minnesota Mensa, and you type it up as requesting the transferal be to
American Mensa, yes, I'd call that a "material" mistake.
> or that I have tried to cover up
the alleged material mistakes.
When you give us all a load of hooey trying to justify
that you typed
"American Mensa" instead of "Minnesota Mensa", yeah, that's an attempted
cover-up. I still say that you weren't paying attention to detail.
Jason, I think part of your problem is that you expect me to treat you
like an invited guest. You are not an invited guest around here.
You're not even an uninvited guest. You are an intruder, and your
intentions are malicious. I've seen no evidence that you've made even
the slightest attempt to research the basic underlying issues regarding
this case. Your actions so far make it quite clear that you mean harm
to Minnesota Mensa, its website, and its Webmaster. I'm going to resist
that in every legal way I can dream up.
So I suppose it's best that you're spending your time
worrying about
"childish insults" because then you won't be pondering things like
whether I'm preparing a special page on my own website devoted to
documenting all the dumb mistakes you've made in this case (so far), or
that I'm simultaneously setting up an e-mail list of perhaps one to two
or three dozen selected faculty and administration members at Wake
Forest, GWU, and also the DC and Maryland Bar Associations that I can
invite to inspect your handiwork and form their own opinions as to what
kind of lawyer you turned out to be.
Before you contemplate a reply, I can't resist asking,
again, did you
ever hear back from Camille Ede that MINNESOTAMENSA.COM had been
unlocked?
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/
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/