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ICANN granted temporary restraining order against RegisterFly

18 April 2007
By Kieren McCarthy

RegisterFly has been ordered to hand over to ICANN current and accurate data for all of its domain names now ICANN’s application for a temporary restraining order (TRO) against RegisterFly was granted on Monday by US Federal Court Judge, Manuel J. Real.

Under the TRO, RegisterFly is also obliged to provide this data every seven days, plus immediately allow ICANN staff access to the company’s records and books in order to perform an audit.

“We ask RegisterFly and its management to co-operate fully with the order,” said Dr Paul Twomey, ICANN President and CEO.

The TRO, entered in the Central District of California on Monday April 16, 2007, encompasses all domains registered by RegisterFly customers, including those registered under any proxy registration service, such as the company’s own “ProtectFly.” The Court has also scheduled a preliminary injunction hearing for April 26, 2007, which, if ICANN prevails, will extend the force and effect of the TRO for a longer period of time.

ICANN’s repeated requests for accurate registrant data from RegisterFly were initially refused by the company and then later partially-granted, although ICANN has remained concerned over the accuracy of some of the data, finding a significant portion of it deficient.

With current and accurate registrant data, ICANN will be in a position to initiate a bulk transfer to another registrar, either with RegisterFly’s cooperation while the company remains an ICANN-accredited registrar, or unilaterally if RegisterFly’s accreditation is terminated.

In addition to seeking a Preliminary Injunction, ICANN will continue pursuing RegisterFly in the Central District of California for, among other things, breach of contract.

You can see the temporary restraining order here.

Aside from the lawsuit, ICANN has also initiated a review of its Registrar Accreditation Agreement (RAA) in an effort to reduce the possibility of this situation being repeated in future.

Authors

Kieren McCarthy