X-Kaspersky: MailDispatcher X-Kaspersky: Original server data starting here: +OK 19181 octets follow. Return-Path: X-Original-To: sales@manlyelectronics.com.au Delivered-To: m3093327@spunkymail-mx2.g.dreamhost.com Received: from faraday.auda.org.au (faraday.auda.org.au [203.202.88.210]) by spunkymail-mx2.g.dreamhost.com (Postfix) with ESMTP id 219C271FA4 for ; Wed, 4 Jul 2007 19:05:25 -0700 (PDT) Received: from barkly.auda.org.au (mary.auda.org.au [203.202.88.218]) by faraday.auda.org.au (Postfix) with ESMTP id 10EEB50013; Thu, 5 Jul 2007 12:05:21 +1000 (EST) Received: from localhost (localhost.localdomain [127.0.0.1]) by barkly.auda.org.au (Postfix) with ESMTP id BB5BD5C15D; Thu, 5 Jul 2007 12:05:20 +1000 (EST) X-Virus-Scanned: amavisd-new at X-Spam-Score: -4.367 X-Spam-Level: X-Spam-Status: No, score=-4.367 tagged_above=-10 required=6.6 tests=[ALL_TRUSTED=-1.8, AWL=0.031, BAYES_00=-2.599, HTML_MESSAGE=0.001] Received: from barkly.auda.org.au ([127.0.0.1]) by localhost (barkly.auda.org.au [127.0.0.1]) (amavisd-new, port 10024) with ESMTP id BmD1sZDv8lyy; Thu, 5 Jul 2007 12:05:19 +1000 (EST) Received: from barkly.auda.org.au (barkly.auda.org.au [192.168.4.3]) by barkly.auda.org.au (Postfix) with ESMTP id 9B63B5C15C; Thu, 5 Jul 2007 12:05:19 +1000 (EST) From: "Jo Lim" To: "'Manly Electronics'" , , , Cc: "'Domain.Disputes'" Subject: RE: Copy of explanations request to WIPO Date: Thu, 5 Jul 2007 12:05:19 +1000 (EST) MIME-Version: 1.0 Content-Type: multipart/alternative; boundary="----=_NextPart_000_025A_01C7BEFC.C1E40250" X-Mailer: Microsoft Office Outlook, Build 11.0.5510 X-MimeOLE: Produced By Microsoft MimeOLE V6.00.2900.3138 Thread-Index: Ace9Z/tfMvRW89S+TJmV7AA+lJZ7OABQBp4w In-Reply-To: <001601c7bd67$f00f1570$0201a8c0@nouse> X-Originating-IP: [192.168.4.135] Message-ID: <27530555.62181183601119627.JavaMail.root@barkly.auda.org.au> This is a multi-part message in MIME format. ------=_NextPart_000_025A_01C7BEFC.C1E40250 Content-Type: text/plain; charset="us-ascii" Content-Transfer-Encoding: 7bit Dear Dimitri I refer to your email below, and fax to auDA dated 2 July 2007. Please note that under the auDRP Policy and Rules it is the role of the auDRP Provider (in this case, WIPO) to administer auDRP proceedings. Accordingly, your questions and concerns should be raised directly with WIPO - email domain.disputes@wipo.int. I have copied this email to domain.disputes@wipo.int. Regards Jo Lim Chief Policy Officer .au Domain Administration Ltd 1300 732 929 www.auda.org.au Important Notice This email may contain information which is confidential and/or subject to legal privilege, and is intended for the use of the named addressee only. If you are not the intended recipient, you must not use, disclose or copy any part of this email. If you have received this email by mistake, please notify the sender and delete this message immediately. _____ From: Manly Electronics [mailto:sales@manlyelectronics.com.au] Sent: Tuesday, 3 July 2007 9:47 PM To: tony.watson@middletons.com; elspeth.ross@auda.org.au; jo.lim@auda.org.au; lana.dalvi@intaserve.com Subject: Copy of explanations request to WIPO Dear Alejandro. I need to clarify few uncertainties in your Notification before act accordingly. I have received a hardcopy of Complaint submitted by Google Inc to WIPO concerning www.googlebay.com.au together with exhibits dated by 23 may 2007. Section XII of the Complain stated that: fee has been made to WIPO by cheque. A domain registrar Intaserve put domain name googlebay.com.au on "hold" at 25 May 2007 (2 days later) Complaint Notification from WIPO received as an e-mail attachment in rtf format only at 21 June 2007. Dates of receipt fees paid by Complainant are not present in the either notification from Complaint or Complaint Notification from WIPO. No clear explanations to domain "lock" received from Intaserve upon my requests. Contradictory e-mails from Intarserve refer to ether Ausregestry auDA or WIPO without any dates or documents has being received in a period 8 - 30 June. Above do not comply with 1. auDRP Rules p.2.(h)(ii) Any communication by the Provider to any Party shall be copied to the other Party. 2. COMPLAINT NOTIFICATION INSTRUCTIONS for WIPO where WIPO should "Identify related submissions and dates of receipt". 3. auDRP Rules p4(a)..The Provider shall review the complaint for administrative compliance with the Policy and these Rules and, if in compliance, shall forward the complaint (together with the explanatory cover sheet prescribed by the Provider's Supplemental Rules) to the Respondent, in the manner prescribed by Paragraph 2(a), within three (3) calendar days following receipt of the fees to be paid by the Complainant in accordance with Paragraph 19. 4. auDRP Rules p.19(b) No action shall be taken by the Provider on a complaint until it has received from Complainant the initial fee in accordance with Paragraph 19(a). 5. auDRP p.7.2 .. If the Panel decides that the domain name should be transferred or cancelled, the registrar is required to wait 10 business days before implementing the decision to allow for legal proceedings to be commenced. This letter should not be considered as a response to the complaint. A copy of this document may be forwarded to other appropriate administrative bodies. Your Faithfully Dimitri Rytsk ------=_NextPart_000_025A_01C7BEFC.C1E40250 Content-Type: text/html; charset="us-ascii" Content-Transfer-Encoding: quoted-printable
Dear Dimitri
 
I refer to your email below, and fax to auDA dated= 2 July=20 2007.
 
Please note that under the auDRP Policy and Rules = it is the=20 role of the auDRP Provider (in this case, WIPO) to administer auDRP proceed= ings.=20
 
Accordingly, your questions and concerns shou= ld=20 be raised directly with WIPO - email domain.disputes@wipo.int.
 
I have copied this email to domain.disputes@wipo.int.=20
 
Regards
 

Jo Lim
Chief Policy=20 Officer
.au Domain Administration Ltd
1300 732 929
www.auda.org.au

= Important=20 Notice

This email may = contain=20 information which is confidential and/or subject to legal privilege, and is= =20 intended for the use of the named addressee only. If you are not the intend= ed=20 recipient, you must not use, disclose or copy any part of this email. If yo= u=20 have received this email by mistake, please notify the sender and delete th= is=20 message immediately.

 

 

From: Manly Electronics=20 [mailto:sales@manlyelectronics.com.au]
Sent: Tuesday, 3 July 2= 007=20 9:47 PM
To: tony.watson@middletons.com; elspeth.ross@auda.org.a= u;=20 jo.lim@auda.org.au; lana.dalvi@intaserve.com
Subject: Copy of= =20 explanations request to WIPO

Dear=20 Alejandro.

 

I need=20 to clarify few uncertainties in your Notification before act=20 accordingly.

 

I have=20 received a hardcopy of Complaint submitted by Google Inc to WIPO concerni= ng=20 www.googlebay.com.au together with exhibits dated by 23 may=20 2007.

Section=20 XII of the Complain stated that: fee has been made to WIPO by=20 cheque.

 

A=20 domain registrar Intaserve put domain name googlebay.com.au on “hol= d” at 25=20 May 2007 (2 days later)

Complaint=20 Notification from WIPO received as an e-mail attachment in rtf format onl= y at=20 21 June 2007.

 

Dates=20 of receipt fees paid by Complainant are=20 not present in the either notification from Complaint or Complaint=20 Notification from WIPO.

 

No=20 clear explanations to domain “lock” received from Intaserve u= pon my=20 requests.

Contradictory=20 e-mails from Intarserve refer to ether Ausregestry auDA or WIPO without a= ny=20 dates or documents has being received in a period 8 – 30=20 June.

 

Above=20 do not comply with

  1. auDRP=20 Rules p.2.(h)(ii) Any communication by the Provider to any Party shall = be=20 copied to the other Party.=20
  2. COMPLAINT=20 NOTIFICATION INSTRUCTIONS for WIPO where WIPO should “Identify re= lated=20 submissions and dates of receipt”.=20
  3. auDRP=20 Rules p4(a)..The Provider shall review the complaint for administrative= =20 compliance with the Policy and these Rules and, if in compliance, shall= =20 forward the complaint (together with the explanatory cover sheet prescr= ibed=20 by the Provider's Supplemental Rules) to the Respondent, in the manner= =20 prescribed by Paragraph 2(a), within three (3) calendar days following= =20 receipt of the fees to be paid by the Complainant in accordance with=20 Paragraph 19.=20
  4. auDRP=20 Rules p.19(b) No action shall be taken by the Provider on a complaint u= ntil=20 it has received from Complainant the initial fee in accordance with=20 Paragraph 19(a).=20
  5. auDRP  p.7.2 .. If the Panel decides= that=20 the domain name should be transferred or cancelled, the registrar is=20 required to wait 10 business days before implementing the decision to a= llow=20 for legal proceedings to be commenced.

 

This=20 letter should not be considered as a response to the=20 complaint.

A copy=20 of this document may be forwarded to other appropriate administrative=20 bodies.

 

 

Your=20 Faithfully

Dimitri=20 Rytsk

 

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