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||Thu, October 26, 2000 at 11:34 PM GMT (Thu, October 26, 2000 at 4:34 PM PDT)
||Microsoft Internet Explorer V5.5 using Windows 98
||What breach of copyright?
Sir, what breach of copyright are you spaking about? Certainly not of those who have
registered in our system, as there is quite a lot of legal precident in this area.
Indeed, in no case has NSI been held liable (nor IANA or ICANN) as a result of a
registration in .com. Your legal argument on this point fails as it does in the IOD
v. CORE case, which merely resolved that there are no trademark rights in a top-level
domain. That applies to CORE as much as it applies to IOD, as CORE's trademark application
was denied as well.|
These legal argument aside, however, two facts remain. First,
the applications must be judged on their merits. If that is done, the question to
be asked is, "can this applicant successfully run a registry?" If the answer is yes
for more than one applicant, then the second fact of prior use must come into play.
IOD began registry operations in 1996 as a part of the original IANA process, at
the request of IANA. It was not done in a vacuum. The 11th-hour applications by Afilias
and Melbourne IT are nothing more than a thinly disguised attempt by established
players to increase their market share at the expense of the pioneer in this area.
conerns are valid, but misplaced. The legal issues are irrelevant, as the court found
that they have no bearing on the process. In this case, I might even personally venture
that the court case's dismissal benefits us all in that it removes trademark concerns
from the allocation of new TLDs.
Finally, if a registrant of IOD's has infringed
upon your trademark (interestingly, you neglect to provide your affiliation, your
trademark, or the identity of the "many others" who will cause the "massive costs"
you speak of), you will be pleased to note that IOD has adopted the UDRP, which is
ICANN's preferred method of trademark dispute resolution. Please feel free to file
a UDRP action, at which time we would be pleased to abide by its decision.
me know if I can clear anything else up for you.
- .dot, etc. Application by Neustar, Inc. Moderator, October 7 @ 10:26 PM (23/49)
- ICANN: we know you are listening and we are confident in your fairness fabrcop, November 5 @ 10:03 AM (0/0)
- Neustar Shoots Self In Foot ... Must Be Disqualified dcorish, November 4 @ 2:42 PM (0/0)
- Neustar/MelbourneIT is Either Lying or the Application is Flawed! jtrade, November 2 @ 6:21 AM (0/0)
- What's That Foul Smell? jtrade, November 1 @ 9:43 AM (0/0)
- .Web,MelbourneIT/Neustar,ICANN Director Greg Crew and Conflict of Interest? jtrade, November 1 @ 2:19 AM (0/0)
- ICANN: listen to this suggestion and be appreciated all over the world! fabrcop, October 30 @ 9:07 PM (0/0)
- Neustar's application should be accepted - IOD have no legal rights Alex Williamson, October 26 @ 11:25 PM (3/9)
- Neustar app peniel, October 25 @ 11:23 PM (0/0)
- How fast can Warberg-Pincus, Lockheed Martin & MelbourneIT Turn .WEB into Big $$$ TLD Facts, October 25 @ 8:00 PM (0/0)
- MSNBC Article about ICANN and .Web jtrade, October 25 @ 3:51 AM (1/2)
- Where's the Competition jtrade, October 24 @ 1:40 AM (0/0)
- THIS is 1 of the few DECENT PROPOSALS stokdoctor, October 21 @ 10:54 PM (1/1)
- Bribery? No: they know that IOD deserves of .web fabrcop, October 20 @ 3:48 PM (0/0)
- This is EXACTLY how a monopoly operates...Massive Media ...Get your Econ 101 book out... Gregory W. Krajewski, October 19 @ 12:27 AM (0/0)
- Proposition to ICANN, Applicants & Internet Community Pistoff, October 18 @ 5:55 PM (1/1)
- Neustar,Afilias Bid to Steal .Web jtrade, October 18 @ 1:49 AM (1/5)
- .web concerns David Coombs, October 17 @ 6:16 PM (0/0)
- IOD Hypocracy jjnlaw72, October 17 @ 3:03 PM (5/5)
- Neustar Application Also Involves CORE For .WEB, TRYING TO BRIBE ICANN! pilot, October 17 @ 1:14 PM (0/0)
- Ethical Suicide Merlin, October 17 @ 9:17 AM (0/0)
- Bribery, indeed For The People, October 17 @ 8:12 AM (1/1)
- Are you attempting to BRIBE ICANN? jtrade, October 17 @ 6:09 AM (0/0)
- Neustar and it's DOT WEB application Gregory W. Krajewski, October 14 @ 4:46 AM (1/2)