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* [[Domain Registry of Canada]]
* [[Domain Registry of Canada]]
* [[Domain Registry of Europe]]
* [[Domain Registry of Europe]]
−
* [[Internet Registry of Canada]]
−
* [[Liberty Names of America]]
* [[Registration Services Inc.]]
* [[Registration Services Inc.]]
−
* [[Yellow Business.ca]]
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* [[Internet Corporation Listing Service]]
==Services==
==Services==
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==Controversies==
==Controversies==
−
Brandon Gray Internet Services
received
numerous
complaints from customers as well as other domain registry operators
because of its
[[Domain Slamming|domain slamming]]
practices.<ref>[http://www.onlineverif.com/?go=pages/posts/posts&id=21064 Slamming Practices]</ref> A process wherein it collects important details about domain owners from the
[[Whois]] data base
and sends them
e-mails,
expiration
letters or renewal
notices,
misleading
domain owners and
telling
them to
immediately
renew their domain names through them.
Unknowingly
the
owners
are
transferring their
domain
names
to
a different operator
.
+
ICANN
received
several
complaints from customers as well as other domain registry operators because of its
resellers advertising
practices.<ref>[http://www.onlineverif.com/?go=pages/posts/posts&id=21064 Slamming Practices]</ref> A process wherein it collects important details about domain owners from the
websites
and sends them expiration notices,
informing
domain owners
of their upcoming domain expiration,
and
giving
them
the opportunity
to
"transfer and
renew
"
their domain names through them.
If
the
domain owner chooses to "transfer and renew" with them, they
are
then subjected to ICANN's normal transfer procedures in order to successfully transfer the
domain
name from their current registrar
to
them
.
−
In 2003, the United States [[FTC|Federal Trade Commission]] requested a federal district court to issue an injunction against Domain Registry of America (eNom, Inc.), one of the resellers under Brandon Gray Internet Services, for making misrepresentations when selling its domain registry services. The FTC also asked the court to pay its
50
,000 customers with redress
and
prohibit the company to engage in domain slamming practices and to put the company's activities under FTC's strict monitoring.<ref>[http://www.ftc.gov/opa/2003/12/domainreg.shtm FTC.gov]</ref>
+
Brandon Gray's resellers have presented their advertising material to both the Canadian Competition Bureau and the FTC to ensure compliance with local and federal advertising laws. In both instances all the advertising material complied.
+
+
In 2003, the United States [[FTC|Federal Trade Commission]] requested a federal district court to issue an injunction against Domain Registry of America (eNom, Inc.), one of the resellers under Brandon Gray Internet Services, for making misrepresentations when selling its domain registry services. The FTC also asked the court to pay its
40
,000 customers with
a $4
redress
for order cancellation fees. Also, to
prohibit the company to engage in domain slamming practices and to put the company's activities under FTC's strict monitoring.<ref>[http://www.ftc.gov/opa/2003/12/domainreg.shtm FTC.gov]</ref>
to which it has complied with for over 11 years.
The '''UK Advertising Watchdog Authority''' also complained against the same domain slamming practices committed by [[Domain Registry of Europe]]. The organization threatened to file legal actions against DRoE if it continues to send bill-like renewal notices to domain owners in 2003. The company's argues,"notices were not a bill, rather an easy means of payment should you decide to register or renew your domain(s) with us".<ref>[http://www.theregister.co.uk/2003/08/06/legal_action_threatened_against_domain/ The Register.co.uk]</ref>
The '''UK Advertising Watchdog Authority''' also complained against the same domain slamming practices committed by [[Domain Registry of Europe]]. The organization threatened to file legal actions against DRoE if it continues to send bill-like renewal notices to domain owners in 2003. The company's argues,"notices were not a bill, rather an easy means of payment should you decide to register or renew your domain(s) with us".<ref>[http://www.theregister.co.uk/2003/08/06/legal_action_threatened_against_domain/ The Register.co.uk]</ref>
−
According to The Register's report, since 2001 the Canadian Competition Bureau already warned Canadian Businesses regarding invoice-like renewal notices from registry resellers particularly
Domain
Registry of Canada,
a
reseller
under Brandon Gray Internet Services, Inc
. The [[CIRA|Canadian Internet Registration Authority]], is the official administrator of the [[.ca]] domain name in Canada.
+
According to The Register's report, since 2001 the Canadian Competition Bureau already warned Canadian Businesses regarding invoice-like renewal notices from registry resellers particularly
Internet
Registry of Canada,
an Enom
reseller.
The [[CIRA|Canadian Internet Registration Authority]], is the official administrator of the [[.ca]] domain name in Canada.
=== Individuals Involved===
=== Individuals Involved===
−
Those who have been targeted by [[Domain Slamming]] have recieved misleading emails from a number of people associated with the company, such as: Peter Kuryliw,<ref>[http://www.broadbandreports.com/forum/remark,16948194 BroadbandReports.com]</ref> and Pearl Bitton.<ref>[http://www.namepros.com/warnings-and-alerts/38810-watch-out-for-this-scam.html NamePros.com]</ref>
−
Marilyn and Simon Benlolo, and other individuals with that surname are listed in a number of court documents related to the company.
Numerous Benlolo family members have served jail time for a similar fraudulent activity, a James Tataka was also convicted in that particular incident.<ref>[http://www.itbusiness.ca/it/client/en/home/News.asp?id=59307&PageMem=3 ITBusiness.ca]</ref>
+
+
Marilyn and Simon Benlolo, and other individuals with that surname are listed in a number of court documents related to the company.
==Legal Battle==
==Legal Battle==
−
On September 10, 2010 Brandon Gray Internet Services' license to operate [[.ca]], the [[ccTLD|country code top-level domain]] name for Canada was
terminated
by [[CIRA]] because of the alleged domain registry slamming practices conducted by its reseller, the [[Domain Registry of Canada]].<ref>[http://www.itbusiness.ca/it/client/en/home/News.asp?id=59307 IT Business.ca]</ref>
+
On September 10, 2010 Brandon Gray Internet Services' license to operate [[.ca]], the [[ccTLD|country code top-level domain]] name for Canada was
not renewed
by [[CIRA]] because of the alleged domain registry slamming practices conducted by its reseller, the [[Domain Registry of Canada]].<ref>[http://www.itbusiness.ca/it/client/en/home/News.asp?id=59307 IT Business.ca]</ref>
−
Brandon Gray Internet Services Inc. argued that CIRA did not give them any reason regarding the
termination
of their license and because of that the company filed a $10 million suit for damages and breach of contract. Meanwhile, DROC claims that Brandon Gray has nothing to do with their reselling operations even if they share the same mailing address, phone system and extension links. [[David Burroughs]], DROC's senior executive claimed, "The nature of our business relationship to handle certain customer service related aspects of our respective businesses is a private matter. We are simply a reseller through them (Brandon Gray)".<ref>[http://www.itbusiness.ca/it/client/en/home/News.asp?id=59307 IT Business.ca]</ref>
+
Brandon Gray Internet Services Inc. argued that CIRA did not give them any reason regarding the
non-renewal
of their license and because of that the company filed a $10 million suit for damages and breach of contract. Meanwhile, DROC claims that Brandon Gray has nothing to do with their reselling operations even if they share the same mailing address, phone system and extension links. [[David Burroughs]], DROC's senior executive claimed, "The nature of our business relationship to handle certain customer service related aspects of our respective businesses is a private matter. We are simply a reseller through them (Brandon Gray)".<ref>[http://www.itbusiness.ca/it/client/en/home/News.asp?id=59307 IT Business.ca]</ref>
On January 27, 2011, the company's injunction request to maintain its license to operate the .ca ccTLD was dismissed by Justice Gilmore. However, she cited that CIRA did not give Brandon Gray the chance to explain its business relationship with DROC. Furthermore, the Judge said that the domain registrar may have complied to the CIRA's recertification regulations. In her ruling Gilmore wrote,“There is a serious issue to be tried in relation to whether or not CIRA breached its agreement with Brandon Gray,” she writes. It could be argued "CIRA does not have unfettered discretion to refuse Brandon Gray's application". <ref>[http://www.thewhir.com/web-hosting-news/020711_Registrar_Brandon_Gray_Internet_Services_Loses_License_to_Sell_CA_Domains Web Host Industry Review]</ref>
On January 27, 2011, the company's injunction request to maintain its license to operate the .ca ccTLD was dismissed by Justice Gilmore. However, she cited that CIRA did not give Brandon Gray the chance to explain its business relationship with DROC. Furthermore, the Judge said that the domain registrar may have complied to the CIRA's recertification regulations. In her ruling Gilmore wrote,“There is a serious issue to be tried in relation to whether or not CIRA breached its agreement with Brandon Gray,” she writes. It could be argued "CIRA does not have unfettered discretion to refuse Brandon Gray's application". <ref>[http://www.thewhir.com/web-hosting-news/020711_Registrar_Brandon_Gray_Internet_Services_Loses_License_to_Sell_CA_Domains Web Host Industry Review]</ref>
−
CIRA is set to fight Brandon Gray's $10 million suit for damages and breach of contract.
+
CIRA is set to fight Brandon Gray's $10 million suit for damages and breach of contract
. The lawsuit filed by Brandon Gray was resolved in an out-of-court private settlement with an undisclosed amount paid to Brandon Gray by CIRA
.
==ICANN Breach Notice==
==ICANN Breach Notice==
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On 18 July 2014, [[ICANN]] sent a NOTICE OF SUSPENSION OF REGISTRAR’S ABILITY TO CREATE NEW REGISTERED NAMES OR INITIATE INBOUND TRANSFERS OF REGISTERED NAMES to Brandon Gray Internet Services. Pursuant to Section 5.5.6 of the RAA, Brandon Gray has been in fundamental and material breach of its obligations under the RAA at least three (3) times within a twelve (12) month period; on 16 December 2013, 19 March 2014, and 18 July 2014. Brandon Gray’s ability to create new Registered Names or initiate inbound transfers of Registered Names is suspended for 90 days pursuant to Section 5.7 of the RAA. The suspension is effective 12 August 2014 at 00:00
On 18 July 2014, [[ICANN]] sent a NOTICE OF SUSPENSION OF REGISTRAR’S ABILITY TO CREATE NEW REGISTERED NAMES OR INITIATE INBOUND TRANSFERS OF REGISTERED NAMES to Brandon Gray Internet Services. Pursuant to Section 5.5.6 of the RAA, Brandon Gray has been in fundamental and material breach of its obligations under the RAA at least three (3) times within a twelve (12) month period; on 16 December 2013, 19 March 2014, and 18 July 2014. Brandon Gray’s ability to create new Registered Names or initiate inbound transfers of Registered Names is suspended for 90 days pursuant to Section 5.7 of the RAA. The suspension is effective 12 August 2014 at 00:00
UTC and will conclude on 17 October 2014 at 00:00 UTC, or longer if Brandon Gray has not demonstrated compliance on or before 10 October 2014.<ref>[https://www.icann.org/en/system/files/correspondence/serad-to-patel-2-18jul14-en.pdf ICANN Sends Notice of Suspension to Registrar] </ref>
UTC and will conclude on 17 October 2014 at 00:00 UTC, or longer if Brandon Gray has not demonstrated compliance on or before 10 October 2014.<ref>[https://www.icann.org/en/system/files/correspondence/serad-to-patel-2-18jul14-en.pdf ICANN Sends Notice of Suspension to Registrar] </ref>
+
==References==
==References==
{{reflist}}
{{reflist}}