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Username: wiredz
Date/Time: Wed, October 25, 2000 at 4:11 PM GMT
Browser: Opera V4.02 using Windows 98
Score: 5
Subject: Diebold and Simon Higgs out to sue  and sabotage ICANN


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 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:

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.
(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:

Bye, marshm you are not worth the time.

--Eugene Kang


Link: Memorandum of Decision in Image Online Design, Inv. v. CORE Ass'n

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