RE: [gtld-council] proposed new Rec. #21

["Gomes, Chuck" <cgomes@xxxxxxxxxxxx>]

Milton,

Don't you think that there will be cases where rights conflict?  In
those cases, it seems to me that the expert panels will have to
carefully evaluate the competing rights against applicable principles of
law and then make a decision; whether we call that 'weighing' is not is
not an issue to me.

Chuck Gomes
 
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> -----Original Message-----
> From: Milton L Mueller [mailto:mueller@xxxxxxx] 
> Sent: Tuesday, July 03, 2007 1:12 PM
> To: Gomes, Chuck; gtld-council@xxxxxxxxxxxxxx; robin@xxxxxxxxxxxxx
> Subject: RE: [gtld-council] proposed new Rec. #21
> 
> 
> 
> Chuck:
> 
> -----Original Message-----
> From: Chuck Gomes [mailto:cgomes@xxxxxxxxxxxx] 
> 
> >My concern applies to both #3 and #21.  
> >If my change in wording to #21 works,
> >then maybe it should be applied to #3 as well.
> 
> :-) 
> 
> Definitely, since TM owners have a far greater capacity to 
> litigate than any other stakeholder in the game (with the 
> possible exception of VeriSign!) 
> 
> Anyway, my problem with your wording is not so much the 
> reference to the expert panel, but the term "weigh." We are 
> not "weighing" rights (either TM or FoE) we are securing and 
> protecting them. 
> 
> I will enjoy mounting the barricades with the trademark 
> owners on this one...
> 
> 
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