Dear Pam,
A thought:
Kristina’s point on IPR infringement is a great idea.
I understand that there is concern on evidence linking a
third party/registrar and the fake renewal notice.
What about shifting the burden of proving/disproving on the
purported party(s) who’s logo is on the notice.
Since ICANN cannot verify whether or not the notice actually
came from the Registrar/Reseller, maybe there exists the possibility of sending
a notice to the party who’s logo is on the fake notice. This will put the
burden on the Registrar/Reseller to make a clear statement denying any link
with the sender of the fake notice. This would help is any future
litigation. Also it may help with putting Registry/Registrar/Resellers on
notice to take positive steps towards mitigating their liability. Eg. http://www.domainavenue.com/scam_melbourne_it_imposter.htm
Sincerely,
Zahid
Jamil
Barrister-at-law
Jamil
& Jamil
Barristers-at-law
219-221
Central Hotel Annexe
Merewether
Road, Karachi. Pakistan
Cell:
+923008238230
Tel:
+92 21 35680760 / 35685276 / 35655025
Fax:
+92 21 35655026
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