| Hi Dena,
Moniker was recently named as a respondent in a
WIPO dispute, involving WWF.com, as a result of providing Moniker
Privacy Services to the registrant. Given this precedent, we think it
is likely other registrars will also be drawn into legal disputes, as
a result of their proxy services. Please note that we are not attorneys and that
this is only our opinion. If you require legal assistance, you should seek
qualified legal counsel.
Sincerely,
Ted
Prophet Partners Inc.
----- Original Message -----
To: < ga  gnso.icann .org">ga gnso.icann.org>
Sent: Tuesday, November 28, 2006 3:35 AM
Subject: Re: [ga] GoDaddy gets patent on proxy Whois
service
> > In the
mid-90's we registered some domain names for clients using their > real
name as the 'registrant' after which all the other info such as > address
and phone were 'c/o' ours. In the case that someone legitimately >
needed to contact the registrant, we relayed the information to them. >
> There has lately been some 'buzz' on the net discouraging registrants
from > types of proxy registrations where the registrar actually has
'become' the > registrant. I might wonder whether there would be
potential legal issues > for a registrar who essentially becomes the
registrant of a domain then > allows a client to 'use' it. At best,
even if disallowed by a user > agreement, cases of alleged trademark
infringement or other abuse of a > domain name would seem to me to have
the potential for many headaches and > expense to the registrar as
'registrant'. > > Perhaps this patent is part of an overall attempt
to separate (and > document) the responsibility of the registrar from
that of the end user? > > Dena A. Whitebirch > quasar
Internet Solutions, Inc. > http://quasar.net |