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![]() | SnapNames v. ICANN & Dodora v. Directi http://blog.lextext.com/_attachments...6/complain.pdf 24. Further, as VeriSign reported in September 2004, some entities have secured multiple registrar accreditations from ICANN as a way to amass additional transaction capacity with the registry, allowing them to intensify the rate at which they can barrage the registry, with high volume, continuous "add" commands, thereby hoping to increase their chances of capturing domain names upon their deletion by the registry. These sham registrar are not meant to fill any primary or other registration function; their sole purpose is to attack the registry with "add" commands. 25. ICANN grants registrar accreditation approval in an uneven and inequitable manner; some entities have been granted large numbers of registrations in short order, while SnapNames has had accreditation application pending before ICANN's statff with no action taken for many months. ????: NamePros.com http://www.namepros.com/industry-news/74715-snapnames-v-icann-dodora-v-directi.html http://webserv5.dodora.net/litigatio...iss_3_1_05.pdf The present complaint alleges in paragraph 11 that LogicBoxes is a foreign company, and in paragraph webhosting.info is a foreign company. The affidavit of Bhavin Turakhia does not contradict those statements. Rather, he simply asserts that they are not "separately-incorporated", and that they are simply trade names or "unincorporated division of Directi". In addition, the memorandum asserts in conclusion fashion that LogicBoxes and Webhosting.info "are not legal entities from which Dodora could recover." These defendants, however, have pointed to no law or rule which would prohibit Dodora from recovering against them because they are unincorporated. In fact, it appears undisputed that they are legal entities that transact business under their own names, although they are owned by Directi or Bhavin Turakhia. There is no allegation that they do not have bank accounts in their own names. Ultimately, it is abundantly clear that all of these defendants are alter-egos for Mr. Turakhia since Mr. Turakhia and Directi are referenced abundantly on the websites for all of these defendants. These connections demonstrate that Mr. Turakhia could move assets of Directi from company to company at will, frustrating enforcement of this Court's judgment. Indeed, the motion and memorandum use the names of all of the defendants (other than Answerable, Inc.) interchangeably and as if they are all one and the same person. This is Dodora's major concern, and is one that the Court should share. It is clear from the material properly before the court that Mr. Turakhia establishes companies (both unincorporated and incorporated) as suits his purposes. While his entrepreneurial spirit is laudable, the Court must not be in the position of condoning the use of such business entities to avoid legal liability for the action of affiliates or "unincorporated divisions." to use his phrase. For all of these reasons, Dodora avers that the motion to dismiss should be denied. |
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A jury trial will commence on August 19, 2005 for SnapNames v. ICANN. | ||||
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| | #7 (permalink) |
| NamePros Regular Join Date: Mar 2004
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![]() ![]() ![]() | Interesting..... Directi of course was given Dodora's customers when they did not honor a judgment against them. So even if they win, I doubt they would get anything.
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| | #9 (permalink) |
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![]() ![]() ![]() ![]() ![]() ![]() ![]() ![]() ![]() ![]() ![]() | Wow keep us posted!
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| | THREAD STARTER #10 (permalink) | ||||
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????: NamePros.com http://www.namepros.com/showthread.php?t=74715 I have gone through all the documents, as available on website of dodora.net (http://www.dodora.net/litigation/). It appears that the court has already entered a preliminary injunction against Directi. Let's not worry now about Dodora. The next month trial is to evaluate the damages aspect of the case. Typically if Dodora prevail in a 93A claim, they would be able to recover their attorney's fees. So I'm guessing that Dodora first priority is getting a judgement against Directi. If they get judgement, then they have various options, including getting a receiver appointed who obtains Directi's login credentials. That should be more than sufficient security for Dodora. What is good for the goose is good for the gander. But how it ends is up to Directi. | ||||
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| | #12 (permalink) |
| New.Net Destroyer.... Join Date: Feb 2005
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![]() ![]() ![]() ![]() ![]() | so what is the Snapnames vs ICANN trial all about?
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