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    Highlights of the ICANNWatch Archive
    (June 1999 - March 2001)

    Lawsuits and Judicial Decisions Micheal Zurakov Advertising for Class Members for Register.com Lawsuit
    posted by michael on Wednesday August 20 2003, @09:14AM

    Michael Zurakov, a registrant unhappy with register.com's policy of redirecting newly-registered and parked domains, is advertising for fellow plaintiffs for what he hopes will be a class action, but the web page is woefuly short on details. There's a little more information here and a lot more in this decision in what appears to be an earlier phase of the same case, Zurakov v Register.Com, Inc., 2003 NYSlipOp 13230 (April 22, 2003).

    Here's the core of the complaint as summarized by the court:
    Pursuant to an online contract, plaintiff paid defendant $35 to register the domain name "Laborzionist.org" in his name for one year and defendant did so. Not stated in the contract is the fact that a domain name newly registered with register.com forwards users to a "Coming Soon" page that contains banner advertisements for register.com and other organizations. A person who types the newly registered domain name into the Internet is brought to a page that reads, "Coming Soon! We recently registered our domain name at . . . register.com the first step on the web." There follows directly a list of so-called "Additional Services" and, further down on the page, various advertisements. Looking at the page, it appears that these services are provided by the entity - the "we" - whose domain name forwarded the user to this page, although in fact they are provided by register.com. Similarly, it appears that the advertisements for register.com and for other companies are in some way endorsed by or, at the least, associated with the entity whose domain name forwarded the user to this page. After plaintiff discovered that his newly registered domain name was pointing users to this "Coming Soon" page, he followed defendant's procedures for removing his registered domain name from the page, a process he asserts took several months.

    Plaintiff alleges that he bargained for the right to exclusive use and control of the domain name "Laborzionist.org" and that defendant, by the deception of concealing in its website and not disclosing in the agreement that it intended to use the name, deprived him of this benefit by usurping the name and using it to direct those who typed in the domain name to defendant's own site, which contained advertising for defendant and others. Thus, plaintiff claims that defendant breached the covenant of good faith and fair dealing implied in every contract by "act[ing] in a manner that, although not expressly forbidden by any contractual provision, would deprive the other party of the right to receive the benefits under their agreement"

    You can also read law.com's take on the decision.

    [Corrected spelling of "Zurakov" -mf]

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  • CORE
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  • Also by michael
    This discussion has been archived. No new comments can be posted.
    Micheal Zurakov Advertising for Class Members for Register.com Lawsuit | Log in/Create an Account | Top | 20 comments | Search Discussion
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    This is a really dumb lawsuit
    by jberryhill on Wednesday August 20 2003, @04:39PM (#12100)
    User #3013 Info

    Any register.com domain name registrant had, at any time, the full power to designate nameservers other than the default nameservers which are supplied by register.com for clueless newbies. At any time, each registrant had the exclusive ability to designate nameservers - they were not deprived of this ability. However, the RFC requires that there be two nameservers. I suppose that the registrants of non-functional names believe they have the right to make the rest of the DNS waste resources looking up non-existent records.

    If you want to file a suit that makes sense, then get some refunds on the .pro defensive registrations, since the legal geniuses at ICANN didn't bother to put a simple provision in the TLD contrats requiring those who were selected to actually run a registry (over others who were ready, willing, and able to do so, but were bumped out the magic 7 slots by non-performers like .pro).
    [ Reply to This | Parent ]
    In the good old days...
    by dtobias (dan@tobias.name) on Thursday August 21 2003, @06:33AM (#12105)
    User #2967 Info | http://domains.dan.info/
    Back when I first started registering domains, the system was set up so that you actually had to have a clue technically in order to complete the registration... no point-and-drool web interfaces, you had to fill in a plain-text template and e-mail it, and you had to have DNS servers set up already on your own (no providing of "default servers" if you didn't have any). And I walked ten miles through the snow, uphill both ways, to register my first domain... :)
    [ Reply to This | Parent ]
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