[New gTLD RG] Fwd: Demand Media and other issues

Olivier MJ Crepin-Leblond ocl at gih.com
Thu Aug 2 12:37:11 UTC 2012

FYI - follow-up on the letter about Demand Media which I am copied into,
therefore in confidence to this review  group, until published elsewhere.

-------- Original Message --------
Subject: 	Demand Media and other issues
Date: 	Wed, 01 Aug 2012 20:15:13 -0400
From: 	HELP.org <email at help.org>
To: 	jstoler at mccarter.com
CC: 	steve.crocker at icann.org, akram.atallah at icann.org,
cherine.chalaby at icann.org, john.jeffrey at icann.org,
heather.dryden at ic.gc.ca, kurt.pritz at icann.org, ssene at ntia.doc.gov,
ocl at gih.com

Dear Mr. Stoller:

I read your letter concerning Demand Media and it sound like a similar
situation to DomainTools.com.  Further, it appears both entities utilize
the same law firm in Seattle Newman DuWors.

I was the defendant in a lawsuit filed by DomainTools of Newman DuWors. 
However, the suit was dismissed with prejudice but there is still a
pending motion for sanctions against Domain Tools (Dkt.  48
of2:12-cv-00498-MJP  Domain Tools v. Consumer.net, Russ Smith).  For
instance, there were 5 different claims detected of who the actual
parent company is.

As you may know Domain Tools generally did not get permission to package
and resell the historical whois data and the people involved with
running the company are defendants in a number of different UDRP's and
cybersquatting lawsuits.  Further, an employee of Domain Tools actually
sits of the ICANN whois committee with members of INTA.    Some
information is at :


I am not sure how much of a connection is beyond using the same law firm
but the federal court records indicate there may be a pattern in legal
strategies of the various entities.  Certainly the people involved
sometimes attend the same conferences together in addition to utilizing
the same counsel.

I also do not like Mr. Stahura because he never resolved the issue with
the Domain Registry of America sending misleading domain renewal notices
to customers of a domain registrar I owned at the time.  The data used
for the mailing was taken from the whois databases without permission
and I still get DROA notices for my domains to this day.

Russ Smith

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