Secretariat of the OTO
Coordination Bureau, Economic Planning Agency
3-1-1, Kasumigaseki, Chiyoda-ku
Tokyo 100, JAPAN
The format to address issues to OTO
Name: Bradley L. Bartz
President, US Business Operations
Address: 5019 Elmdale Drive
Rolling Hills Estates, CA 90274
Contents of your complaint:
This complaint is to bring to your attention the fact that U.S. Exports are being greatly harmed by current actions of the Japan Network Information Center (JPNIC), Japan Registry Service (JPRS), Ministry of Post and Telecommunications (MPT) and Ministry of Economy, Trade and Industry (METI). As per our phone conversation, I am writing a concise letter from the background data now in your possession. I am writing today to request your direct involvement with this issue.
Subject: The Japanese Government's expropriation of American owned Internet assets in Japan and the collusion to restrain trade and commerce. The Office of Trade and Investment Ombudsman should ask the Tokyo High Court for an immediate injunction, as provided for by the Japanese constitution and recent Japan-U.S. treaties, so all parties can be treated equally and fairly. This is a time-critical issue.
JMAIL.CO.JP K.K., a duly registered Japanese corporation, has been doing Internet business in Japan as American entrepreneurs since 1992 and established our co.jp domain name collection in August 1996 or earlier. One of the fundamentals of the JMAIL.CO.JP KK business plan is that it operates as a free vanity email service giving the Japanese market unprecedented choice of domain names. Proof of its popularity is that it has surpassed 540,000 registrations, with 95% of those Japanese consumers. The most popular domains are moon.co.jp (with 76,542 registered users), earth.co.jp (with 36,172 users), usa.co.jp and jobs.co.jp. JMAIL is the dominant American owned Internet company founded in Japan.
A new domain name, .jp (read: dot jp) is being offered in Japan. The rules are clear that the earliest .co.jp, .or.jp, ne.jp, etc domain name has priority rights to the new .jp version. In almost all cases JMAIL.CO.JP KK was first to register. It is also clear that Japanese authorities worked specifically to tailor rules to deny foreign-national rights to Japanese domain names. This collusion to block foreign trade began September 1996 when The Japan Network Information Center (JPNIC) started to block non-Japanese registered companies from access to Japanese domain names – in direct retaliatory response to our August 1996 registrations.
Subsidiaries of JMAIL.CO.JP KK incorporated in the United States are being denied Priority Registration Application Term (1st Classification) (*1) for the new .jp domain registration. This new .jp system is being offered now to current domain holders and will be offered April 1st 2001 to the general public in the Japanese market. The Japanese authorities have been contacted on this issue multiple times to no avail. We are the largest .co.jp domain holder in Japan and we are being unduly shut out of the upcoming .jp market. We request help in preventing false registration of our assets and to keep markets open for all Americans and foreigners.
We want to secure rights to register Japanese domain names we legally acquired and hold under the same conditions being offered all other name holders. We also hope to ensure other American owners of Japanese domain names can exercise their rights in this regard. I request that you pursue all courses of action necessary to ensure a fair and competitive playing field in the second largest market in the world. Complete and fair access to the Japanese Internet market is of great economic concern to the United States. Specifically we would like you to:
** Ask the Tokyo High Court for an immediate
injunction against the new .jp system. **
Please refer to the following Treaties between Japan and America and some U.S. laws that seem to apply to this situation:
Act Concerning Prohibition Of Private Monopolization And Maintenance Of Fair Trade
Japan / U.S. Treaties
AGREEMENT BETWEEN THE GOVERNMENT OF THE UNITED STATES OF AMERICA AND THE GOVERNMENT OF JAPAN CONCERNING COOPERATION ON ANTICOMPETITIVE ACTIVITIES
FRIENDSHIP COMMERCE AND NAVIGATION Treaty and Protocol between the UNITED STATES OF AMERICA and JAPAN April 2, 1953
ANTITRUST ENFORCEMENT GUIDELINES FOR INTERNATIONAL OPERATIONS – DOJ & FTC
U.S.-JAPAN INVESTMENT ARRANGEMENT of 1995
JAPAN PUBLIC SECTOR PROCUREMENT OF TELECOMMUNICATIONS PRODUCTS AND
U.S. Trade Law
U.S.-JAPAN ANTITRUST AGREEMENT of 1999
THE U.S.-JAPAN ENHANCED INITIATIVE ON DEREGULATION AND COMPETITION POLICY
MAY 15, 1998
TITLE 15 - COMMERCE AND TRADE CHAPTER 88 - INTERNATIONAL ANTITRUST ENFORCEMENT ASSISTANCE
ANTICYBERSQUATTING CONSUMER PROTECTION ACT of 1999
The Following is the list of affected US Corporations:
DOMAIN EASY INC.
ILLINOIS.CO.JP INC. INDIANA.CO.JP INC.
INFORMATION ACCESS CENTER INC - dba of Trade Balance Inc
LASVEGAS.CO.J P INC.
THE INFORMATION ACCESS CENTER INC. dba of Trade Balance Inc.
TRADE BALANCE INC.
Would you like to raise as “Complaint”? Please choose one of the Three
Have you ever consulted the above contents to the window office of OTO and/or governmental organization and so on?
Yes (When and which bodies) – NOTE: This is the first time to approach the office of OTO on this issue.
We have, however, exhausted all other means of mediating this dispute, including, but not limited to,
The contact information about Japan Registry Service (JPRS) and Japan Network Information Center (JPNIC) are as follows:
Japan Registry Service
Fuundo Bldg 3F
Chiyoda-ku, Tokyo 101-0052
Japan Network Information Center
Fuundo Bldg 3F
Chiyoda-ku, Tokyo 101-0052
I hereby authorize The Office of Trade and Investment Ombudsman to
make inquiries and obtain information related to my case using any necessary
Bradley L. Bartz
5019 Elmdale Drive
Rolling Hills Estates, CA 90274 U.S.A.
Notes: (1) Your issue is not registered as “complaint” at OTO, until you get the OTO number.