UNITED STATES DISTRICT COURT SOUTHERN DISTRICT OF ...

Case 0:10-cv-61942-MGC Document 5-5 Entered on FLSD Docket 10/14/2010 Page 19 of
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of a recipient of the service is unknown, or if a document cannot be served by the other methods
reflected in the law, a document shall be served by public announcement.
8. I accessed the Internet Corporation for Assigned Names and Numbers (“ICANN”)
website at www.icann.org in order to capture and download the ICANN Uniform Domain Name
Resolution Policy. A true and correct copy of the ICANN Uniform Domain Name Resolution
Policy I downloaded from www.icann.org is attached hereto as Exhibit “7.”
9. I have personal knowledge that under the operating rules of most domain name
Registrars, Registrants can easily transfer ownership of domain names simply by submitting an
authorization letter and an application form. Defendants involved in domain name litigation
easily can, and often will, change the ownership of a domain name and thereby frustrate the
court's ability to provide relief to the plaintiff.
10. Upon the Court’s Order regarding Plaintiff’s Ex Parte Application, my firm will
send correspondence to Xin Net Technology Corporation, (“Xin Net”), Beijing Innovative
Linkage Technology Ltd. dba DNS.COM.CN (“Beijing Innovative Linkage Technology”),
Hichina Zhicheng Technology Ltd. (“Hichina”), Melbourne IT, LTD. D/B/A Internet Names
Worldwide (“Melbourne IT”), and DENIC eG (“DENIC”) the Registrars of record for all of the
Subject Domain Names. The correspondence to each Registrar will include a copy of the
Complaint in this action and request the Registrars to (1) lock the domain names at issue and (2)
issue a Registrar’s Certificate for deposit with this Court.
11. Based upon my experience with non-United States based Registrars such as Xin
Net, Beijing Innovative Linkage Technology, Hichina, Melbourne IT, and DENIC, I have good
reason to believe none of the Registrars will comply with an Order of this Court regarding the
redirection of those Subject Domain Names. Indeed, the Defendant most likely chose such non-
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