Letter from John M. Cone, Lawyer for Shepher Corporation d/b/a biz.com (27 September 2000)

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Akin, Gump, Strauss, Hauer & Feld, L.L.P.

CERTIFIED MAIL
RETURN RECEIPT REQUESTED

Mr. Michael M. Roberts, President and CEO
The Internet Corporation for Assigned Names and Numbers (ICANN)
4676 Admiralty Way, Suite 330
Marina del Rey, CA 90292

Dear Mr. Roberts:

We represent Shepher Corporation d/b/a biz.com. Our client owns rights in BIZ.COM, which it is using as its business name and as a service mark in connection with the registration, sale and leasing of second and third level domain names and providing Internet services and commerce including Web site hosting. Our client has various pending federal service mark applications relating to protection of its name and mark.

Press reports have indicated that you are considering establishing additional upper level domains and will authorize third parties to register domain names for these levels. Reports have also suggested that one of the domains under consideration could be a .BIZ upper level domain.

Use by a third party of ".BIZ" in relation to the registration of domain names would be likely to cause confusion with our client's established business and to infringe its rights in the trade name and service mark .BIZ. ICAAN would, in those circumstance, be liable for contributory infringement of our client's rights.

The purpose of this letter is to give you notice of our client's rights and to seek your assurance that should you establish additional upper level domains, you will not establish, or authorize the establishment of, one under ".BIZ" or any name confusingly similar thereto.

Your early response is requested.

Yours truly,

John M. Cone

JMC:nl

cc: Mr. Isaac Shepher