Brandon Gray Internet Services Inc.

From ICANNWiki
Jump to: navigation, search
Brandon Grays Internet Services.JPG
Type: Privately Held
Industry: Domain Name Registry
Headquarters: 50 Acadia Avenue, Suite 302 Markham, Ontario L3R 0B3
Country: Canada
Website: https://namejuice.com
Key People
Darius Patel, Operations Manager

Marilyn Benlolo, Director

Brandon Gray Internet Services, Inc. is an ICANN accredited domain name registry operator based in Ontario Canada. It operates under its different resellers names such as:

Services

The company offers the following services to is clients: [1]

  1. Domain Registration
  2. Domain Renewal
  3. Domain Transfer

Controversies

ICANN received several complaints from customers as well as other domain registry operators because of its resellers advertising practices.[2] 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.

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 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.[3] 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".[4]

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 Canadian Internet Registration Authority, is the official administrator of the .ca domain name in Canada.

Individuals Involved

Marilyn and Simon Benlolo, and other individuals with that surname are listed in a number of court documents related to the company.

Legal Battle

On September 10, 2010 Brandon Gray Internet Services' license to operate .ca, the 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.[5]

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)".[6]

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". [7]

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

On 16 December 2013, ICANN sent a breach-of-contract notice to Brandon Gray Internet Services for failing to “maintain and make available to ICANN registration records relating to dealings with the Registered Name Holder”of businesspotion.com." The company has until January 13th to provide ICANN with requested documentation or face losing its ICANN accreditation.[8]

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.[9]


References