Here is a letter that clearly points out what NSI AND AOL have apparently done
wrong.
The Email address has been obscured to protect the sender.
Subj: Transfer of AOLSEARCH.COM - Please Explain NSI!!
(fwd)
Date: 6/27/99 7:24:58 PM Eastern Daylight Time
From:[email protected] (Ron BXXXXt)
To: [email protected], [email protected]
I posted this to Usenet and CCed it to two persons
at NSI, but didn't include
you nor Dave Graves at NSI in the CC list regarding my review of AOLSEARCH.COM
Ron BXXXXXX
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Subject: Transfer of AOLSEARCH.COM - Please Explain NSI!!
From: [email protected] (Ron BXXXX)
Organization: Netcom
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Did a little research and it appears something is certainly amiss with
AOLSEARCH.COM
Here's the details that we know:
1. AOLSEARCH.COM appears to have been transferred to AOL
2. NSI was able to send the original Registrant a bill their address must be
valid...unless they later moved?
3. AOLSEARCH (AOL SEARCH) is *NOT* registered as a service mark anywhere I'm
aware of. NSI's dispute policy only kicks in for domains that match EXACTLY
to
a registered mark. This is not the case here. Furthermore NSI's policy clearly
states that while NSI may cancel a domain registration in the case of a
dispute (in this case by court order only), NSI will *NOT* transfer the domain
to the other party. The other party, namely AOL, *must* do a NEW registration
to obtain the disputed domain.
With the above information I draw the possible conclusions:
1. AOL submitted a bogus RCNA to NSI (or AOL just called and convinced someone)
to do the transfer - most likely conclusion
2. AOL initiated NSI's dispute policy - but not sure how AOL could have since
the domain does NOT match any mark exactly that I'm aware of
3. AOLSEARCH.COM was voluntarily transferred to AOL for whatever reason
Bottom line is something is certainly amiss and without more details it's
difficult to know for sure what happened. However, in my view from the
information I've seen so far it appears that AOL *and* NSI are both at fault
and the AOLSEARCH.COM registration should be restored to the original
Registrant immediately.
The next logical legal step for the original Registrant would be to get a
*subpoena* for the RCNA agreement...if NSI can't produce one, then it's clear
that the original Registrant still owns the domain, NOT AOL. Simple!
Ron BXXXXt
cc: Network Solutions
In article <[email protected]>, [email protected] says...
>
>The evidence is mounting against Network Solutions, America Online, and
>the Arent Fox Law firm. From the evidence I have seen it looks like
>they conspired to steal this domain.
>
>https://www.webmasterfx.com/aolsearch.htm is the page set up by the
>previous owner of aolsearch.com.
>
>https://www.webmasterfx.com/morebullsht.htm includes a letter from Dave
>Graves where he implied the domain was deleted because the address was
>unreachable (something NSI has said over and over that it doesn't do
>and says so at
>http://www.networksolutions.com/help/general/dispute.html#name2]
>
>The smoking gun: below is a link to the MODIFICATION template. That's
>right, a MODIFICATION. The only reasons I know of to process a mod are
>a notarized Registrat Name Change Agreement (RNCA) or a court order.
>Note the template was sent by the attorney at Arent Fox:
>https://www.webmasterfx.com/internic.htm
>
>Original invoice https://www.webmasterfx.com/receipt.jpg
>
>Now look at the WHOIS record. It was modified and the old creation
>date is still there. It was not new registration!
>
>Registrant:
>America Online, Inc (AOLSEARCH-DOM)
> 22000 AOL Way
> Dulles, VA 20166
> US
>
> Domain Name: AOLSEARCH.COM
>
> Administrative Contact, Technical Contact, Zone Contact, Billing
>Contact:
> AOL Domain Administration (AD3852-ORG) [email protected]
> (703) 265-4670
>
> Record last updated on 13-May-99.
> Record created on 22-Jun-98.
> Database last updated on 26-Jun-99 09:01:24 EDT.
>
> Domain servers in listed order:
>
> DNS-01.NS.AOL.COM 198.81.17.232
> DNS-02.NS.AOL.COM 205.188.157.232
>
>
>Holy Toledo!!
>
>Russ Smith
>http://consumer.net
>
>
>
>
>Sent via Deja.com http://www.deja.com/
>Share what you know. Learn what you don't.
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To: [email protected], [email protected]
Subject: Transfer of AOLSEARCH.COM - Please Explain NSI!! (fwd)
From: [email protected] (Ron BXXXX)
Organization: Netcom
Date: Sun, 27 Jun 1999 19:37:16 -0400
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References: <[email protected]>
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