A Luser named Gene Marsh wrote the quoted text in the ICANN Forum:>
.news, or any other TLD in use in any zone, may have legal
>prior
use issues which should preclude any other use of the TLD.
Everybody please take
note that Mr Marsh is attempting to threaten the ICANN process, and according to
his wording Higgs Communications, Diebold, and AnyCast.net may sue ICANN and the
registry selected by it - this kind of wording is DEFINITELY a way to threaten the
ICANN Process and also the stability of the internet.
I must stress that Prior
use, Trademarks, and IANA Authorization do not stand in the eyes of courts. Let me
make all participants of this forum aware that ICANN has already published the "Memorandum
of Court Decision in Image Online Design, Inv. v. CORE Ass'n" on its web site at:
http://www.icann.org/tlds/correspondence/iod-v-core-22jun00.htm
In
the above document, the court holds that:
(i) Any TLD in the Public Name Space
cannot be trademarked
(ii) Prior use does not count since the claimed TLD, .WEB
does not
exist in the Internic Root Servers, i.e. A.root-servers.net.
(iii)
IANA Authorization does not count because the IANA run by the
ISI, USC is dead. A New Organization replaces IANA which is
known as ICANN.
>It will likely be up to the courts to finally decide if eminant
>domain
or prior use wins out. But why would anyone intentionally
>propose a TLD
already in use by others? There are many, many other
>potential TLDs that
could be proposed.
Stupid Marsh boy, is mud in your head? The .News TLD does not
exist anywhere in the Internic root servers. ORSC Root servers are not valid nor
are they recognized in the eyes of courts.
>Sounds like an invitation to court.
Yes,
please see the attached link titled "Memorandum of Court Decision in Image Online
Design, Inv. v. CORE Ass'n" at the url:
http://www.icann.org/tlds/correspondence/iod-v-core-22jun00.htm
Bye,
marshm you are not worth the time.
--Eugene Kang