Comments on: eNom Follows Court order, Takes Bodog.com down http://www.conceptualist.com/2007/08/28/enom-follows-court-order-takes-bodogcom-down/ Tue, 16 Mar 2010 17:48:03 +0000 http://wordpress.org/?v=2.3.3 By: Elliot’s Blog » Blog Archive » Cuba-Related Websites Shutdown; Domains Taken http://www.conceptualist.com/2007/08/28/enom-follows-court-order-takes-bodogcom-down/#comment-6004 Elliot’s Blog » Blog Archive » Cuba-Related Websites Shutdown; Domains Taken Tue, 04 Mar 2008 13:38:15 +0000 http://www.conceptualist.com/2007/08/28/enom-follows-court-order-takes-bodogcom-down/#comment-6004 [...] is located. Just a few months ago, a similar situation occurred with Internet gaming giant Bodog, whose domain names were taken and awarded to a litigant who filed suit in the US. While the [...] […] is located. Just a few months ago, a similar situation occurred with Internet gaming giant Bodog, whose domain names were taken and awarded to a litigant who filed suit in the US. While the […]

]]> By: Oli Felton http://www.conceptualist.com/2007/08/28/enom-follows-court-order-takes-bodogcom-down/#comment-2486 Oli Felton Tue, 02 Oct 2007 12:15:10 +0000 http://www.conceptualist.com/2007/08/28/enom-follows-court-order-takes-bodogcom-down/#comment-2486 Hi All I'm currently doing a research project on exactly this topic. Could anyone shed some light on the following question (that has already been asked..): If a domain has been registered overseas what influence would a US court order have on ICANN or Verisign to deactivate/transfer at a root level? Thanks Oli Hi All

I’m currently doing a research project on exactly this topic. Could anyone shed some light on the following question (that has already been asked..):

If a domain has been registered overseas what influence would a US court order have on ICANN or Verisign to deactivate/transfer at a root level?

Thanks

Oli

]]> By: Jason Lavigne http://www.conceptualist.com/2007/08/28/enom-follows-court-order-takes-bodogcom-down/#comment-2261 Jason Lavigne Wed, 05 Sep 2007 19:10:46 +0000 http://www.conceptualist.com/2007/08/28/enom-follows-court-order-takes-bodogcom-down/#comment-2261 "Can you elaborate on the idea that .com, the registry, is operated from Virgina? Wouldn't they have to abide by U.S laws for U.S judgment? Thanks in advance, Sahar" Hi Sahar, To answer your question, yes the registry would have to act on the judgment handed down by a US court if the judgment was addressed to them. The fact is most suits and judgments are not addressed to the registry, they are addressed to the registrar. I've even seen cases where the attorney for the complainant has been instructed to have the judgment addressed to the registry in order to have the domain awarded to them and yet they continue to contact the registrar and not the registry. While complainants continue to go after the registrar instead of the registry it would add as an additional layer of security to the registrant to manage their domains outside the US. ----ANSWER---- Got it, thanks. Sahar “Can you elaborate on the idea that .com, the registry, is operated from Virgina? Wouldn’t they have to abide by U.S laws for U.S judgment?
Thanks in advance,
Sahar”

Hi Sahar,

To answer your question, yes the registry would have to act on the judgment handed down by a US court if the judgment was addressed to them. The fact is most suits and judgments are not addressed to the registry, they are addressed to the registrar. I’ve even seen cases where the attorney for the complainant has been instructed to have the judgment addressed to the registry in order to have the domain awarded to them and yet they continue to contact the registrar and not the registry.

While complainants continue to go after the registrar instead of the registry it would add as an additional layer of security to the registrant to manage their domains outside the US.

—-ANSWER—-

Got it, thanks.
Sahar

]]> By: Domain Insurance by Name Intelligence » Domain Name News http://www.conceptualist.com/2007/08/28/enom-follows-court-order-takes-bodogcom-down/#comment-2258 Domain Insurance by Name Intelligence » Domain Name News Wed, 05 Sep 2007 04:41:36 +0000 http://www.conceptualist.com/2007/08/28/enom-follows-court-order-takes-bodogcom-down/#comment-2258 [...] When this topic came up at Circle ID, Brett Lewis asked the question “How does the title company insure against trademark claims?“. A very good question. I cannot imagine that any insurance would cover UDRP cases, unless it also includes it would cover legal cost in case of a dispute. Or maybe even a case like the recent lawsuit against “bodog.com”, where the US-based registrar eNom disabled a domain name based on a US court order, even though the domain.... [...] […] When this topic came up at Circle ID, Brett Lewis asked the question “How does the title company insure against trademark claims?“. A very good question. I cannot imagine that any insurance would cover UDRP cases, unless it also includes it would cover legal cost in case of a dispute. Or maybe even a case like the recent lawsuit against “bodog.com”, where the US-based registrar eNom disabled a domain name based on a US court order, even though the domain…. […]

]]> By: Jason Lavigne http://www.conceptualist.com/2007/08/28/enom-follows-court-order-takes-bodogcom-down/#comment-2230 Jason Lavigne Wed, 29 Aug 2007 18:53:02 +0000 http://www.conceptualist.com/2007/08/28/enom-follows-court-order-takes-bodogcom-down/#comment-2230 We have two solutions to this problem at Rebel.com. Solution A: Rebel.com is a Canadian based registrar and doesn't have to act on US court orders. When we receive such a request we would not act and we would ensure our client is informed of the issue. Solution B: Our MyRebel.com lease your own registrar program allows you to control the registrar. controlling the registrar means you receive the communications your registrar normally would. In this case the owner of Bodog.com would have received the request to take down the site as they would be operating the registrar. Our leased registrars are also based in Canada and would not have to comply with the US court order. ----ANSWER---- Can you elaborate on the idea that .com, the registry, is operated from Virgina? Wouldn't they have to abide by U.S laws for U.S judgment? Thanks in advance, Sahar We have two solutions to this problem at Rebel.com.

Solution A: Rebel.com is a Canadian based registrar and doesn’t have to act on US court orders. When we receive such a request we would not act and we would ensure our client is informed of the issue.

Solution B: Our MyRebel.com lease your own registrar program allows you to control the registrar. controlling the registrar means you receive the communications your registrar normally would. In this case the owner of Bodog.com would have received the request to take down the site as they would be operating the registrar. Our leased registrars are also based in Canada and would not have to comply with the US court order.

—-ANSWER—-

Can you elaborate on the idea that .com, the registry, is operated from Virgina? Wouldn’t they have to abide by U.S laws for U.S judgment?
Thanks in advance,
Sahar

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