RE: [gnso-irtp-b-jun09] For your review - draft IRTP Part B Initial Report

["Erdman, Kevin R." <Kevin.Erdman@xxxxxxxxxx>]

Michael and all:

 

No offence taken on the text size.  

 

On the time period, you are correct that the time period is potentially
unlimited with the current text.  If there is a time limit, the hijacker just
outlasts the time limit to avoid the ETRP.  If we make the time limit 90
days, then gaming the procedure is only an extra 30 days of waiting.  If we
make the time limit 2 years, isn't that the same as forever on the internet?

 

My comments about the TDRP relate to the situation where a Registrant has
manipulated the system by lying about having "just becoming aware of the
hijacking".  In that case, the lying prior Registrant would have been
successful in getting the domain returned but the reverse transfer would
provide a window in which the defrauded new Registrant could invoke the TDRP
to reverse a fraudulently obtained ETRP transfer.

_____________________________________________________________________________
___________________________

Kevin R Erdman  T: 317.237.1029 | F: 317.237.8521 | C: 317.289.3934
Intellectual Property, Internet, and Information Attorney, Registered Patent
Attorney
BAKER & DANIELS LLP WWW.BAKERDANIELS.COM <http://www.bakerdaniels.com/>  300
N. MERIDIAN STREET, SUITE 2700 | INDIANAPOLIS, IN 46204

 

From: Michael Collins [mailto:mc@xxxxxxxxxxxxxxxxx] 
Sent: Wednesday, May 12, 2010 4:00 PM
To: Erdman, Kevin R.; Gnso-irtp-b-jun09@xxxxxxxxx
Subject: RE: [gnso-irtp-b-jun09] For your review - draft IRTP Part B Initial
Report

 

Kevin and all:

 

First, I did not write my last response in huge type. There must have been
some formatting issue with my Outlook. L Sorry.

 

I think that a hijacking victim would want to dispute the initial transfer,
not the reversal by ETRP. Either way are you really proposing no deadline in
cases where a Registrant does not notice a hijacking, theoretically allowing
an ETRP to be filed years after a transfer?

 

Best regards,

Michael Collins

 

From: Erdman, Kevin R. [mailto:Kevin.Erdman@xxxxxxxxxx] 
Sent: Wednesday, May 12, 2010 3:51 PM
To: Michael Collins; Gnso-irtp-b-jun09@xxxxxxxxx
Subject: RE: [gnso-irtp-b-jun09] For your review - draft IRTP Part B Initial
Report

 

Michael and all:

 

The dispute portion of the ETRP only occurs after the transfer is reversed,
so for TDRP purposes there would have been a transfer within the last 60 days
(the reverse transfer).

_____________________________________________________________________________
___________________________

Kevin R Erdman  T: 317.237.1029 | F: 317.237.8521 | C: 317.289.3934
Intellectual Property, Internet, and Information Attorney, Registered Patent
Attorney
BAKER & DANIELS LLP WWW.BAKERDANIELS.COM <http://www.bakerdaniels.com/>  300
N. MERIDIAN STREET, SUITE 2700 | INDIANAPOLIS, IN 46204

 


----------------------------
ATTENTION:

To ensure compliance with applicable Internal Revenue Service Regulations,
we inform you that any tax advice contained in this electronic message was
not intended or written to be used, and cannot be used, for the purpose of
avoiding penalties under the Internal Revenue Code.


This message and all its attachments are PRIVATE and may contain
information that is CONFIDENTIAL and PRIVILEGED.

If you received this message in error, please notify the sender by reply 
e-mail and delete the message immediately.