AdsenseGuy
Account Closed
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Hello
This legal matter is kinda extensive so let me give you the short version. I have been asked to share this info here at this forum after discussing this forum with the plaintiff / defendant.
Ok here it is
A domain name was registered via Enom, After thie name was registered and a site placed live to accompany this domain a letter from the Trademark Enforcement team was issued to the owner of the domain. The response back to the TET was a polite "we are the owners of this domain and we do not infringe on your trademarks.
A few months later a UDRP was scheduled by the TET and responded to by the owner of the domain. After the UDRP determined that the owner should give up the domain to the UDRP plaintiff.
This is now where it gets messy.
Under UDRP guidelines anyone who has had a UDRP judgement against them ( They can appeal this judgement via REAL court processes) They have 10 days to do so.
So the owner of this domain did just this. The owner also faxed a copy of all court documents to all parties involved. The UDRP officials received a copy and aknowledged reciept, Enom was issued a copy of the court documents and aknowledged reciept, And the court documents were sent to the TET and their lawyers.
It was determined at this time that the domain would be allowed to remain the property of the original owner until the courts decided on the case. ( Canadian Courts ) The registrar Enom was directed by the courts to be in custodial posession of the domain on behalf of the owner until the case was resolved.
Heres where your opinions come into play.
The court process had begun and all was snug as a bug in a rug....UNTIL Enom released the domain to the UDRP plaintiff during the process of the courts. Enom has responded that they mad a mistake. Well at this point it gets even better The original UDRP plaintiff decided not to respond to the courts, They were sent a letter by the supreme court of canada Federal division stating that if they did not respond within 20 days a judgement would be filed on the Courts plaintiff behalf. Well they refused to respond The original domain owner legally appealed the UDRP decision in a court of law and has won judgement granting the appeal and domain ownership to the original domain owner and also 10,000.00 .
But the fact remains at this point that Enom gave the domain to another registrar ( By Mistake ...wink wink...) The large corporation now owns this domain and the original owner wants justice. What do you think they should do?
Any good lawyers see any potential here?
What do you think its going to cost Enom?
Post replies here if there is any bonafide lawyers wishing to take on this case in the USA only please leave contact info here and I will have the original domain owner contact you.
I do have posession of all corresponding documentation to verify all above facts. And I have been granted permission to publish or distribute after discussion with the owner.
This legal matter is kinda extensive so let me give you the short version. I have been asked to share this info here at this forum after discussing this forum with the plaintiff / defendant.
Ok here it is
A domain name was registered via Enom, After thie name was registered and a site placed live to accompany this domain a letter from the Trademark Enforcement team was issued to the owner of the domain. The response back to the TET was a polite "we are the owners of this domain and we do not infringe on your trademarks.
A few months later a UDRP was scheduled by the TET and responded to by the owner of the domain. After the UDRP determined that the owner should give up the domain to the UDRP plaintiff.
This is now where it gets messy.
Under UDRP guidelines anyone who has had a UDRP judgement against them ( They can appeal this judgement via REAL court processes) They have 10 days to do so.
So the owner of this domain did just this. The owner also faxed a copy of all court documents to all parties involved. The UDRP officials received a copy and aknowledged reciept, Enom was issued a copy of the court documents and aknowledged reciept, And the court documents were sent to the TET and their lawyers.
It was determined at this time that the domain would be allowed to remain the property of the original owner until the courts decided on the case. ( Canadian Courts ) The registrar Enom was directed by the courts to be in custodial posession of the domain on behalf of the owner until the case was resolved.
Heres where your opinions come into play.
The court process had begun and all was snug as a bug in a rug....UNTIL Enom released the domain to the UDRP plaintiff during the process of the courts. Enom has responded that they mad a mistake. Well at this point it gets even better The original UDRP plaintiff decided not to respond to the courts, They were sent a letter by the supreme court of canada Federal division stating that if they did not respond within 20 days a judgement would be filed on the Courts plaintiff behalf. Well they refused to respond The original domain owner legally appealed the UDRP decision in a court of law and has won judgement granting the appeal and domain ownership to the original domain owner and also 10,000.00 .
But the fact remains at this point that Enom gave the domain to another registrar ( By Mistake ...wink wink...) The large corporation now owns this domain and the original owner wants justice. What do you think they should do?
Any good lawyers see any potential here?
What do you think its going to cost Enom?
Post replies here if there is any bonafide lawyers wishing to take on this case in the USA only please leave contact info here and I will have the original domain owner contact you.
I do have posession of all corresponding documentation to verify all above facts. And I have been granted permission to publish or distribute after discussion with the owner.
