Notification below was received after several days of delay because Tamara Hutchison, Case Manager at the WIPO, sent it by DHL Express which does not deliver to PO Boxes. The only public address for adlusa.com is a PO Box, and in order to receive the delivery a private address had to be disclosed to the DHL dispatcher when she called in an attempt to make the delivery. With that, the WIPO violated the domain owner's privacy. Several days before, Ms. Hutchison violated the domain owner's privacy by forwarding to Jewish ADL's attorney confidential information regarding the domain owner's financial status. When Ms. Hutchison was asked regarding several procedural matters she failed to respond until the domain owner requested a responsible Case Manager to replace her. Could anyone expect a fair a ruling by such an irresponsible organization, especially when it takes the Complainant's side against the Respondent, rather than to decide the case based on facts under ICANN rules?.... To be continued.
ORGANISATION MONDIALE
DE LA PROPRIETE INTELLECTUELLE

Centre d'arbitrage et de mediation de POMPI

 WORLD INTELLECTUAL
PROPERTY ORGANIZATION

WIPO Arbitration and Mediation Center

August 1, 2005                

 
Re: Case No. D2005-0751
       adlusa.com
       Notification of Complaint and Commencement of Administrative Proceeding
1. Notification You are hereby notified that an administrative proceeding has been commenced against you pursuant to the Uniform Domain Name Dispute Resolution Policy, approved by the Internet Corporation for Assigned Names and Numbers (ICANN) on October 24, 1999 (the Policy) (http://arbiter.wipo.int/domains/rules/).

The Policy is incorporated by reference into your Registration Agreement with the Registrar of your domain name(s), pursuant to which you are required to submit to and participate in a mandatory administrative proceeding in the event that a third party (the Complainant) submits a Complaint to an ICANN-approved dispute resolution service provider (http://www.icann.org/udrp/approved-providers,htm) concerning the domain name(s).

(Please note that the administrative proceeding has been commenced against the registrant of the domain name(s) that is/are the subject of the Complaint and not the technical contact, zone contact, administrative contact or billing contact, if different from the domain name registrant. The technical contact, zone contact, administrative contact or billing contact, if different from the domain name registrant, are requested to forward this notification and any attachments to the registrant of the domain name(s) in question.)

 
2 Date Complaint Received. The Complaint submitted by Anti-Defamation League was received by e-mail on July 14, 2005 and in hardcopy on July 15, 2005 by the WIPO Arbitration and Mediation Center (the Center}. A copy of the Complaint accompanies this notification.
 
3. Formal Requirements Compliance Review. In accordance with Paragraph 4(a) of the Rules for Uniform Domain Name Dispute Resolution Policy (the Rules) (http://arbiter.wipo.int/domains/rules/) and Paragraph 5 of the Supplemental Rules for Uniform Domain Name Dispute Resolution Policy (the Supplemental Rules) (http://arbiter.wipo.int/domains/rules/) the Center has verified that the Complaint satisfies the formal requirements of the Policy, Rules and Supplemental Rules. Payment in the required amount to the Center has been made by the Complainant.
 
4. Commencement of Administrative Proceeding. In accordance with Rules, Paragraph 4(c), the formal date of the commencement of the administrative proceeding is August 1, 2005.
 
5. Deadlines. Within 20 calendar days from the date of commencement of this administrative proceeding (see paragraph 4 above) you must submit to the Complainant and to us a Response according to the requirements that are described in Rules, Paragraph 5 and the Supplemental Rules. The last day for sending your Response to the Complainant and to us is August 21, 2005. This is also the last date by which you should make any required payments to us if you choose to designate a three-member Administrative Panel (see paragraphs 7 and 9 below). In filing your Response, you may refer to the Model Response and filing guidelines made available on the Center's website (http://arbiter.wipo.int/domains/respondent/index.html).
 
6. Default. If your Response is not sent by the above date, you will be considered in default. We will still appoint an Administrative Panel to review the facts of the dispute and to decide the case. The Administrative Panel will not be required to consider a late-filed Response, but will have the discretion to decide whether to do so and, as provided for by Rules, Paragraph 14, may draw such inferences from your default as it considers appropriate. There are other consequences of a default, including no obligation on our part to consider any designations you have made concerning the appointment of the Administrative Panel or to observe any guidelines you have provided concerning case-related communications.
 
7. Administrative Panel. The dispute between you and the Complainant will be decided by an Administrative Panel consisting of either one or three impartial and independent decision-makers. The Complainant in this administrative proceeding has elected for an Administrative Panel consisting of a single panelist.

If you would also like the case to be decided by a single panelist, the appointment of that panelist will be made by us from our published list of panelists (http://arbiter.wipo.int/domains/panel), unless you and the Complainant first inform us that you have come to an agreement on the identity of the single panelist. The fees for the administrative proceeding will be paid in their entirety by the Complainant.

Despite the Complainant's designation of a single panelist, you can choose to have the case decided by an Administrative Panel consisting of three persons. If you choose this option, you will be required to pay half of the applicable fees for the administrative proceeding (see paragraph 9 below). The payment must be made at the time you submit your Response. Failure to submit the required payment at that time may, along with other considerations, be taken as grounds for proceeding with a single panelist. If you choose a three person Administrative Panel and make the required payment when you submit your timely Response, you should indicate the names and contact details of three persons in order of preference in your Response. These three persons can be selected from our published list or that of any other ICANN-accredited dispute resolution service provider (http://www.icann.org/udrp/approved-providers.htm). We will try to appoint one of the three persons you have nominated to the Administrative Panel. If we are unsuccessful, we shall make an appropriate appointment from our published list. If you choose a three-member Panel, but do not provide us with the names and contact details of any candidates, we shall make the appointment from our published list.

Please note that if you choose a three-member Panel, the Complainant will be requested also to provide the names of three candidates, who can be taken from our published list or that of any other ICANN-accredited dispute resolution service provider. We will try to appoint one of these three persons to the Administrative Panel. If we are unsuccessful, we shall make an appropriate appointment from our published list. If the Complainant does not provide us with the names of its candidates, we shall make the appointment from our published list.

If the case is to be decided by a three-member Administrative Panel, you and the Complainant will be contacted concerning the procedures for the appointment of the Presiding Panelist (i.e., the third panelist).

 
8. Communications. Your Response should be communicated to us according to the requirements of Rules, Paragraph 5(b) and Supplemental Rules, Paragraph 3 (i.e., original and four sets of hardcopy and by e-mail). All case-related filings or submissions to the Center after the submission of your Response should be made according to Supplemental Rules, Paragraph 3(a). The e-mail address to use for both purposes is domain.disputes@wipo.int.

In your Response you should indicate where and how you would like us to send case-related communications to you. Please provide only a single postal address, fax number and e-mail address for you or, if applicable, your authorized representative for the dispute, otherwise we will use our discretion as to which contact details we will use.

All communications that are required to be made to the Complainant under the Rules and Supplemental Rules, including your Response, should be made according to the contact details and method(s) specified in the Complaint. Questions about your case, or other general queries may be e-mailed to domain.disputes@wipo.int.

 
9. Fees. In accordance with Rules, Paragraph 5(c), payment to us in the following amount must be made at the time of the submission of your Response, if you designate a three-member Administrative Panel:

USD 2000

Payment methods and other relevant details can be found in Annex D of the Supplemental Rules. Please identify in your Response the method by which payment is made. If you do not submit the required payment to us, we shall proceed to appoint a single-member Administrative Panel.

 
10. The Administrative Proceeding. If this case is to be decided by a single-member Administrative Panel, we shall appoint the Administrative Panel within five days following receipt of your Response, or the lapse of the time period for the submission thereof. If the case is to be decided by a three-member Administrative Panel and you have submitted a Response, after appointing two of the panelists (see Paragraph 7 above) we shall send to you and to the Complainant a list of five candidates for the Presiding Panelist. You will each be asked to indicate your order of preference from among the five candidates. Unless we are notified of an agreement between you and the Complainant as to the identity of the Presiding Panelist, we shall make the appointment taking into consideration the preferences indicated by you and the Complainant.

The Administrative Panel will have 14 days from the date of its appointment to issue a decision in the case. Under normal circumstances, we will forward the decision to you, the Complainant, the concerned Registrar and ICANN within three calendar days of receiving it from the Administrative Panel. Should the decision require that the domain name(s) in question be either transferred or cancelled, the Registrar will notify all parties concerned of the date that the decision will be implemented if the Registrar does not receive notification and the required documentation from you in accordance with Paragraph 4(k) of the Policy. We will then post the decision on a publicly accessible web site, unless we have been directed not to by the Administrative Panel.

 
11. Case Manager. The Center has appointed a Case Manager who is in charge of administering your case. Please note that, while the Case Manager is at your disposal to answer questions relating to such matters as filing requirements and to help you to understand the Policy, Rules and Supplemental Rules, he/she cannot provide you with legal advice or make any representations on your behalf.
Case Manager:          Tamara Hutchison

Address:                   WIPO Arbitration and Mediation Center
                                 34 chemin des Colombettes
                                 1211 Geneva 20
                                 Switzerland

Telephone:                +41 22 338 8247
Fax No.:                   +41 22 740 3700

E-Mail Address:       domain.disputes@wipo.int

 
12. Additional Information. Additional information about the ICANN administrative procedure is available at http://www.icann.org and about the Center's Domain Name Dispute Resolution Service at http://arbiter.wipo.int/domains.
Yours sincerely,

[signature]
Tamara Hutchison
Case Manager
CompuSerb
breaking the silence