TierraNet, Inc. v. Lexsynergy Ltd.
Claim Number: FA1709001749613
Complainant is TierraNet, Inc. (“Losing Registrar”), represented by Shawn M. Peddycord of Peddycord Law, California, USA. Respondent is Lexsynergy Ltd. (“Gaining Registrar”), represented by Daniel Greenberg of Lexsynergy Limited, United Kingdom.
REGISTRAR AND DISPUTED DOMAIN NAME
The domain name at issue is <syria.net>, registered with Lexsynergy Limited.
The undersigned certifies that he has acted independently and impartially and to the best of his knowledge has no known conflict in serving as Panelist in this proceeding.
Bruce E. Meyerson as Panelist.
Losing Registrar submitted a Request for Enforcement to the Forum electronically on September 18, 2017; the Forum received payment on September 18, 2017.
On September 22, 2017, the Forum served the Request for Enforcement and all Annexes, including a Written Notice of the Request for Enforcement, setting a deadline of September 29, 2017 by which Gaining Registrar could file a Response to the Request for Enforcement, via e-mail to all entities and persons listed on Gaining Registrar’s registration as technical, administrative, and billing contacts, and to postmaster@syria.net. Also on September 22, 2017, the Written Notice of the Request for Enforcement, notifying Gaining Registrar of the e-mail addresses served and the deadline for a Response, was transmitted to Gaining Registrar via post and fax, to all entities and persons listed on Gaining Registrar’s registration as technical, administrative and billing contacts.
A timely Response was received and determined to be complete on September 27, 2017.
On October 2, 2017, pursuant to Losing Registrar's request to have the dispute decided by a single-member Panel, the Forum appointed Bruce E. Meyerson as Panelist.
Having reviewed the communications records, the Administrative Panel (the "Panel") finds that the Forum has discharged its responsibility under ICANN’s Policy on Transfer of Registrations between Registrars (“TDRP”) through submission of Electronic Notices. Therefore, the Panel may issue its decision based on the documents submitted and in accordance with the TDRP, Forum’s Supplemental Rules to TDRP, and any rules and principles of law the Panel deems applicable.
Losing Registrar requests that the transfer to Gaining Registrar be denied, and that the <syria.net> domain name be returned to the Losing Registrar.
The Losing Registrar, Complainant TierraNet, Inc., transferred the <syria.net> domain name in violation of the TDRP. Complainant’s claim is incorrect that “evidence of fraud” by a domain name registrant in obtaining a change of an email address justifies a return to it of the domain name.
FACTS
This case involves a dispute over whether a domain name was properly transferred between registrars. The rules governing transfers of domain names between registrars are set forth in the TRDP.
Complainant, TierraNet, Inc., the Losing Registrar, received a request from an individual named Ahmad A. Hashem to change the email address associated with the <syria.net> domain name. Complainant received a driver’s license as evidence of his ownership of the domain name. Complainant thereupon changed the address on May 18, 2017.
On May 20, 2017, Complainant received a Form of Authorization to transfer the domain name to Respondent, Lexsynergy Ltd., the Gaining Registrar. The domain name was transferred that day. Complainant acknowledges the domain name should not have been transferred as Complainant mistakenly did not impose the 60-day transfer lock. The TDRP provides the Registrar of Record must not transfer a domain name within 60 days after a change in registrant information. A registrant can opt out of the 60-day lock, but that did not occur here.
On June 6, 2017, the true owner of the <syria.net> domain name wrote to Complainant stating he did not authorize the transfer of the domain name as his account had been hacked. Complainant requested the true owner to provide his driver’s license to compare it to the driver’s license Complainant received from Ahmad A. Hashem. Based on an inspection of Ahmad A. Hashem’s driver’s license, the Complainant concluded there was evidence of fraud. Complainant reached this conclusion because the zip code on Ahmad A. Hashem’s driver’s license did not correspond to the city and state on the license. Complainant then asked Respondent to return the domain name. Complainant offered to indemnify Respondent for any damages that would result if Respondent returned the domain name to Complainant. Respondent refused to return the domain name to Complainant.
Complainant requests that the Panel issue a decision that the domain name be returned to Complainant. Complainant began this process by submitting a dispute to the Registry Operator, Verisign. On September 6, 2017, Versign stated it would only facilitate the transfer if both registrars were in agreement regarding the disposition of the domain name. Complainant then brought this appeal.
RULING AND CONTENTIONS OF THE PARTIES
Complainant contends that had it not mistakenly overlooked its obligation to impose the 60-day lock, and had it realized the discrepancy between the address and zip code on Ahmad A. Hashem’s driver’s license before it transferred the domain name to Respondent, it would not have done so. Thus, Complainant contends that because the TDRP authorizes a registrar to deny a transfer based on “evidence of fraud,” its mistake should be overlooked.
Respondent contends that Complainant’s characterization fraud occurred is based exclusively on Complainant’s observation the zip code on Ahmad A. Hashem’s license does not match the address on the license. According to Respondent, this is not sufficient “evidence of fraud” as that term is used in the TDRP.
The reference to “evidence of fraud” in the TDRP does not refer to fraudulent conduct by the holder of the domain name, but evidence of fraud with respect to the transfer of that domain name. See GNSO Issues Report, Inter-Registrar Transfer Policy Part B at 14-15 (May 15, 2009). See easyDNS Technologies Inc. v. PDR Ltd. d/b/a PublicDomainRegistry.com, FA 1532690 (Forum Jan. 6, 2014). No evidence has been presented that the Gaining Registrar, Lexsynergy Ltd., engaged in any fraudulent conduct in procuring the transfer. Thus, Complainant’s assertion of fraud by Ahmad A. Hashem is not a reason to have refused the transfer. Moreover, there is nothing in the TDRP that permits a registrar to “claw back” the transfer of a domain name if the domain name is transferred in violation of the 60-day lock period.
Because Complainant’s argument regarding “evidence of fraud” is not correct under the TDRP, and because Complainant transferred the domain without complying with 60-day lock, Complainant’s appeal is denied.
It is Ordered that the appeal of the Losing Registrar, Complainant TierraNet, Inc., be denied.
The Panel therefore Orders that the <syria.net> domain name REMAIN with Lexsynergy Ltd., the Gaining Registrar.
Bruce E. Meyerson, Panelist
Dated: October 13, 2017
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