Domainz to seek costs from Oggi

The Oggi domain name case has taken a new twist with national Internet registry Domainz' bid to seek legal costs from Oggi Advertising. A judge last month issued an interim injunction ordering Cameron McKenzie to hand over the domain name oggi.co.nz to Oggi. Domainz was named as a defendant in Oggi's original case and chief executive Patrick O'Brien is angry that the case against it will remain until Oggi 'has satisfactorily settled matters in full with other defendants'. He describes the Oggi suit as a 'vexatious attack' on the registry's business.

The Oggi domain name case has taken a new twist with national Internet registry Domainz' bid to seek legal costs from Oggi Advertising.

A judge last month issued an interim injunction ordering Cameron McKenzie to hand over the domain name oggi.co.nz to Oggi. The name has since been re-registered to Oggi by Domainz, which carried out the original registration for McKenzie.

Oggi originally named both Domainz and its owner, the Internet Society of New Zealand in action to recover the domain name.

The company's managing director Gordon Frykberg told Computerworld before the case came to court that Oggi had "no beef with the Internet Society washing its hands" of responsibility for vetting names for intellectual property conflicts, "but their guidelines are fairly specific and do say that [name holders] need to be real people."

McKenzie registered the oggi.co.nz name last year, originally to a Ron Towitt of Combined Concepts, and then to an Elliot Oggi (the latter with Canadian telephone, fax, email and address), both of whom appear not to exist.

But Oggi dropped Domainz and Isocnz from the application for the injunction before it was brought before the court. Domainz chief executive Patrick O'Brien says the registry should never have suffered such a "vexatious attack" on its business.

O'Brien says Oggi's lawyers have advised him that the case against it will remain until the company "has satisfactorily settled matters in full with other defendants".

"There was no benefit in having the registry involved in this action," says O'Brien. "When it came to the interim injunction they dropped us from the claim. Although we were a defendant we were not lined up in front of the judge, because clearly they could see no value in us being there. So what was the purpose of putting us there and making us go to the expense of forming a defence?

"And now they're keeping us there. Why are they keeping us there?

O'Brien also rejects Frykberg's statement to Computerworld after the injunction was granted that his company was "not interested, as Domainz appears to be, in a ridiculous test case which would never have to happen if they had done their job properly in the first place.”

"We haven't sought to establish a precedent - we were lined up by Oggi advertising," says O'Brien. "We didn't start it and we've always maintained we shouldn't be there. What do we have to do now to get the case closed?"

O'Brien says he has yet to hear back from Oggi's lawyers on the registry's claim for reimbursement. Oggi could not be reached for comment yesterday.

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