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

Garth Bruen at Knujon.com gbruen at knujon.com
Thu Aug 2 13:39:51 UTC 2012


In reference to Demand Media I received this email from a member of the public:

From: 
Sent: Wednesday, August 01, 2012 11:17 PM
To: 
Subject: enom, pharma and new top level domains


demand media / donuts is now applying for .health, .healthcare, .medical. 

please stop them.



From: Olivier MJ Crepin-Leblond 
Sent: Thursday, August 02, 2012 8:37 AM
To: New gTLD Review Group 
Subject: [New gTLD RG] Fwd: Demand Media and other issues


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 of 2:12-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 :

http://whoissecurity.com/historical-whois-data-look-who-sells-it/

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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