IDN registrations through intimidation?
Adam Peake
ajp at GLOCOM.AC.JP
Fri Oct 31 15:34:20 CET 2008
What's the name of the registrar, and are they ICANN accredited?
Adam
>Dear all,
>
>I am not sure whether this is of any interest
>for the NCUC but this is what happened to a
>student of mine. He registered the domain name
><http://www.braeheadfoods.co.uk/>http://www.braeheadfoods.co.uk/
>on behalf of a company which is located here in
>Scotland. The term Braehead merely represents a
>location with a quite popular and busy shopping
>centre here in Scotland but it is not by any
>means well-known around the world. (I have added
>at the end of this email their communication)
>My student received an email from a Chinese
>registrar claiming that another company Sefar
>Soft Inc. is looking to register the same SLD in
>China urging my student to register them first.
>Sefar Soft Inc. most probably doesn¹t exist (I
>conducted a google search on my own) and it
>looks like the Chinese registrar is seeking to
>intimidate my student in order to proceed to
>various domain name registrations under the
>Chinese gTLDs or ccTLDs. This is not the first
>time I have heard of something like this
>(something similar has happened to a friend of a
>friend).
>I think this is quite worrying as now with the
>IDNs and the expansion of registries and
>registrars some sort of control should be
>maintained by ICANN as they will continue to try
>and attract customers through intimidation. This
>is something that I think should be addressed by
>us as representatives of non-commercial users.
>
>Konstantinos
>
>Dr. Konstantinos Komaitis
>
>Lecturer in IT&T Law, Panellist,
>Chair Membership Committee,
>Global Internet Governance Academic Network,
>University of Strathclyde,
>The Law School,
>141 St James Road,
>Glasgow G4 0LT.
>
>tel:+44 (0)141 548 4306
>fax:+44 (0)141 548 3639
>email: k.komaitis at strath.ac.uk
>http://www.law.strath.ac.uk/staff/bio_sharepoint.aspx?id=75
>
>From: andy.zhang [mailto:andy.zhang at china-dnr.hk]
>Sent: 28 October 2008 01:33
>To: Braehead Webmaster
>Subject: Re: Re: URGENT_Notice of disputing
>³braeheadfoods² domain name in China
>
>Dear Stephen Grant,
>
>Thanks for your confirmation. If you have no any
>relationship with ³Sefar Soft Inc², then it must
>be a pre-empt company who want to register your
>domain names. We hereby suspect the company
>"Sefar Soft Inc" is your competitor and intend
>to enter Chinese Market by imitating your brand,
>or "Sefar Soft Inc" is a domain grabber and
>speculator.
>Thus their representative in China submitted
>this application through our body so we can not
>get in touch with them full-face, this just our
>conjecture. But as per the open registration
>principle as "who is the first, who is the
>owner" in China, we do not have any right to
>reject their application. So our duty and
>incumbency is informing you about this issue as
>you are the holder of "www. braeheadfoods. com".
>If your company consider those Domains are not
>important at all and " Sefar Soft Inc." register
>and use those names will not brings any negative
>effects to your company ,we suggest that there
>is no need wasting lots of time and energy to
>process this matter. If your company consider
>those Domain names are very important to your
>company and very necessary to be protected that
>we shall apply the priority of registration for
>your company and register those Domain names
>under your company's name.
>Nevertheless this need you and your company cooperate with us.
>In addition, please inform us your company's
>decision of this issue. If your company do need
>to register those Domains in China we will
>transfer an formal Application Form and fill out
>finished return to us by Fax or via E-mail. If
>not need, we will pass the registration of
>³Sefar Soft Inc² unconditionally. Of course we
>will esteem your any decision also. Thanks for
>your cooperation.
>
>Best Regards,
>
>Andy
>
>
>andy.zhangÅC<mailto:%3c!--AID_FROMADDRESS_BEGIN--%3eandy.zhang at china-dnr.hk%3c!--AID_FROMADDRESS_END--%3e>andy.zhang at china-dnr.hk
>2008-10-28
>
>----- Original Message -----
>From: <mailto:webmaster at braeheadfoods.co.uk>Braehead Webmaster
>To: <mailto:andy.zhang at china-dnr.hk>andy.zhang
>Sent: 2008-10-28, 00:28:48
>Subject: Re: URGENT_Notice of disputing ³braeheadfoods² domain name in China
>
>Hi Andy,
>
>"Sefar Soft Inc" are not a business partner or subsidiary company of
>ours and as such we would not like them to use our trademarked name and
>second level domain in the suggested domain names. Could you please
>advise me on how you wish to proceed.
>
>-Stephen Grant
>On behalf of Braehead Foods Ltd
>
>
>
>andy.zhang wrote:
>> Dear CEO,
>> We are the department of registration service in China. we have
>> something need to confirm with you. We formally received an
>> application on Oct. 24th 2008, One company which self-styled ³Sefar
>> Soft Inc² are applying to register ³braeheadfoods² as internet brand
>> and domain names as below :
>> braeheadfoods.asia
>> braeheadfoods.cn
>> braeheadfoods.com.cn
>> braeheadfoods.com.hk
>> braeheadfoods.com.tw
>> braeheadfoods.hk
>> braeheadfoods.in
>> braeheadfoods.net.cn
>> braeheadfoods.org.cn
>> braeheadfoods.tw
>> braeheadfoods.com.vn
>> braeheadfoods.co.in
>> After our initial checking, we found the internet brand and these
>> domain names being applied are as same as your company's, so we need
>> to get the confirmation from your company. If the aforesaid company is
>> your business partner or your subsidiary company, please DO NOT reply
>> us, we will approve the application automatically. If you have no any
>> relationship with this company, please contact us within 7 workdays.
>> If out of the deadline, we will approve the application submitted by
>> "Sefar Soft Inc." unconditionally.
>>
>> Best Regards,
>> Andy Zhang
>> Senior Consultant
>> /Tel:00852-31781989Fax:00852-31758227
>> Website: /www.87global.hk <<http://www.87global.hk/>http://www.87global.hk/>
>> /Address:UnitA,5/F,Max share Centre,373 King's Road North Point, Hongkong/
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