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.autogether 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