Re: Case No. D2001-0138

Procedural Order No. 1

The Panel has now read the papers submitted to WIPO by the parties. Pursuant to paragraph 12 of the Rules, the Panel requests further documentation and/or information from the parties as follows:

1. From the Respondent, such documentation as the Respondent may have to substantiate the claim that the Respondents "Sloan E-Mail service has conducted its business at sloan.com since November of 1998" and such further information/documentation that the Respondent can provide to demonstrate that the service is and has always been an active bona fide service.

2. From the Complainant, such documentation/information as the Complainant can provide to demonstrate the circumstances of the offer for sale referred to in the declaration of Walter Taucher. The Panel points out that the Respondent has categorically denied that any such offer was made. Mr Tauchers declaration does not exhibit the email, nor does it explain how the offer came to be made. Was it in response to a request for transfer or was it an unsolicited offer? The Panel assumes that the email must have been lost, but believes there must be other contemporary correspondence and/or internal memoranda between Mr Taucher and his colleagues at the Complainant reporting on the offer.

The Panel requires that any responses to this procedural order are received by WIPO by Tuesday March 27, 2001 and that each party is given a further 3 days (ie until March 30, 2001) in which to put in a further submission in answer.

If neither party responds to this procedural order, the decision of the Panel will be issued within the allotted time, otherwise the date for issuance of the decision will be put back until April 4, 2001.

Pursuant to Section 8 of the UDRP Rules, the Respondent is to forward its submissions to the WIPO Arbitration and Mediation Center, not to this Panel.

Respectfully submitted,

Tony Willoughby, Esq.
Sole Panelist