[ncdnhc-discuss] .biz lawsuit stalls

Jim Fleming jfleming at anet.com
Thu Nov 22 21:29:24 CET 2001

----- Original Message ----- 
From: "Jonathan Weinberg" <weinberg at mail.msen.com>
To: "Dave Crocker" <dhc2 at dcrocker.net>
Cc: "NCC Discuss list (E-mail)" <discuss at icann-ncc.org>
Sent: Thursday, November 22, 2001 2:01 PM
Subject: Re: [ncdnhc-discuss] .biz lawsuit stalls

> At 11:21 AM 11/22/2001 -0800, Dave Crocker wrote:
> >At 10:54 AM 10/26/2001 -0400, Jonathan Weinberg wrote:
> >>         Actually, neither characterization is correct.  The lawsuit hasn't
> >>stalled, and it certainly hasn't ceased to be meaningful.
> >
> >Jonathan,
> >I was wondering whether a few weeks' reflection might have altered your 
> >opinion?
>          So far as I know, the status of the .biz lawsuit is as 
> follows:  [1] The litigation is proceeding; I don't know the precise 
> schedule.  [2] Neulevel is continuing to place all domain names for which 
> there were multiple applicants on registry reserve.  That is, Neulevel is 
> proceeding *exactly as if the preliminary injunction were still in 
> force*.  It sorta has to do this, as a practical matter, because it would 
> be in an awkward position if it were to award those names to particular 
> applicants, and later on the court issued a final order requiring it to 
> pull them back.  As a result, Neulevel isn't really in a position to award 
> the names until the case has settled or resolved.  If anyone on this list 
> has information about either [1] settlement talks, or [2] the schedule of 
> further legal proceedings, I'd be glad to hear it.
> Jon

RE: Domains Issued with Multiple tickets by NueLevel.


Subject: RE: Domains Issued with Multiple tickets by NueLevel.
From: Rick Baraniuk (rbaraniuk at sympatico.ca)
Date: Wed Nov 21 2001 - 22:40:07 EST 

I sent two messages out today...NeuLevel had originally sent registrars a 
list of domains which had been loaded into the DNS...but later in the day 
said that some of that info was incorrect and would not provide another list 
until the 27th of November 2001 (next week). As a result, please do not 
accept anything as the truth until Tucows sends out an email informing 
resellers next week. (And I am still not speaking for those names affected 
by multiple domain name applications) 



-----Original Message----- 
From: owner-discuss-list at opensrs.org 
[mailto:owner-discuss-list at opensrs.org]On Behalf Of Michael-Pappas 
Sent: Wednesday, November 21, 2001 10:14 PM 
To: discuss-list at opensrs.net 
Subject: Domains Issued with Multiple tickets by NueLevel. 

Nuelevel has just sent two emails to say that one of our registrants won 
their domain name. Has anyone else? emails below (not to mention how long it 

The domain names are tasmanie.biz & visittasmania.biz but still say sent in 
the RWI. The domani shows in the whois database but not in the RWI. 

It would be nice to know what is happening. 

Click'nGo! Operations. 
Australia's Favourite Domain Registry. 
Web: https://www.clickngo.com.au 
Email: michael at clickngo.com.au 
Ph: 1300 369 985 // +61 3 9335-4211 
Fax: 1300 369 890 // +61 3 9335-4595 

<nuelevel email> 
> Tasmanie 
> tasmanie.biz was registered to the Registrant listed below. It matches 
the domain name string contained in your Intellectual Property Claim with IP 
Claim Number: 86444. The domain name has been placed on a 30-calendar day 
Registry "Hold" beginning on the following date: Nov 19, 2001. Registrant 
contact details are as follows: 
> Registrant Organization Name: Robyn Lewis 
> Primary E-mail Address: robyn at honde.com 
> Alternate E-mail Address: 
> Primary Phone Number: +61.419130516 
> Alternate Phone Number: 
> Mailing Address: 
> PO Box 488 
> North Hobart, 
> TAS, 7002 
> Australia 
> Administrative Contact: Robyn Lewis 
> By filing an IP Claim with NeuLevel, you may be entitled to commence a 
Startup Trademark Opposition Policy (STOP) action against the Registrant 
listed below, if you believe that the domain name was either registered by 
the Registrant in bad-faith or used by the Registrant in bad-faith. 
> In the event that multiple IP Claims for the same domain name were 
received by NeuLevel, the list of multiple Claimants have been randomized to 
determine the priority order in which Claimants for that domain name can 
elect to pursue STOP. Your priority order for entering the STOP process is 
listed below. The IP Claimant with "1st" priority will have twenty (20) 
calendar days from the date of this notice to file a STOP complaint in 
accordance with the STOP policies and rules set forth at 
PROCEEDING WITHIN THIS TIME PERIOD. If the 1st priority IP Claimant does not 
file within twenty (20) calendar days from the date of this notification, 
then the next highest priority IP Claimant will have twenty (20) calendar 
days from the date notified of its STOP time window to file a STOP action. 
> Your priority order for dispute resolution is: 1st. Thus your dispute time 
window is from Nov 19, 2001 to Dec 9, 2001. During this time window, you 
have the right to either: 
> (1) Register with NeuLevel and challenge the domain name Registrant by 
using the STOP process, which can be found at 
http://www.neulevel.biz/ardp/docs/stop.html or 
> (2) "Release your Claim" on the domain name and forfeit your right to use 
> If you do not respond to this e-mail by doing either option (1) or (2) 
above, the domain name will be able to be challenged by other IP Claimants, 
if any, through the STOP process. 
> PLEASE NOTE: Failure to do either option 1 or 2 above will not forfeit 
your right to initiate any other legal or administrative proceedings with 
respect to this domain name, including the Uniform Dispute Resolution Policy 
(UDRP) or the Restrictions Dispute Resolution Policy (RDRP). However these 
proceedings cannot be initiated until all STOP proceedings have been 
completed with respect to this domain name. 
> You have 20-calender days to dispute the registration by using STOP. If 
you desire to utilize the STOP dispute process, please go to 
https://stop.neulevel.biz with the Username and Password that was supplied 
to you in previous e-mail notifications. We have separated these 
communications for security reasons. You will be able to register with 
NeuLevel, select an approved STOP dispute provider, and initiate a STOP 
Complaint within the dispute time window listed above. 
> If you desire to "Release your Claim", please go to 
https://stop.neulevel.biz and logon with your Username and Password 
mentioned above. 
> PLEASE NOTE: If you release your claim you will forfeit your right to use 
the STOP policy, however, you will not forfeit your right to initiate any 
other legal or administrative proceedings, including the Uniform Dispute 
Resolution Policy (UDRP) or the Restrictions Dispute Resolution Policy 
(RDRP). As stated above, these proceedings cannot be initiated until all 
STOP proceedings have been completed with respect to this domain name. 
> Any information regarding a particular domain name applicant, registrant 
or intellectual property claimant has been provided to NeuLevel, Inc., the 
Registry Operator for .BIZ through its Domain Name Application and IP Claim 
Services or through an ICANN-Accredited Registrar. Such information is 
provided to you by NeuLevel for information purposes only. NeuLevel is 
providing this information "AS IS" and has not validated or verified any of 
the data above. Therefore, it cannot guarantee its accuracy or 
completeness. The Start-up Trademark Opposition Policy ("STOP") has been 
developed by NeuLevel, Inc. in conjunction with the ICANN-Approved dispute 
resolution providers, and approved by the Internet Corporation for Assigned 
Names and Numbers. After reviewing the information above, you may wish to 
consult with your intellectual property attorney or advisor on the meaning 
of the contents or materials contained in this notice. 
> Registry for .BIZ 
</nuelevel email> 

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