Your argument is based on flawed legal theory. Unfortunately, I have to refrain from
discussing it while the case is pending. I sincerely wish we could discuss this.Then
again, this issue may be safely put aside. For the sake of this process, put the
trademark issue aside, and presume that the current ruling stands, and that NOBODY
may enjoy trademark rights in a top-level domain. This solves ICANN's concern, and
allows them to evaluate the applications based on their merits.
Our application
meets and in most cases exceeds ICANN's requirements. We also have over four years
of experience running a registry (that the other .web applicants do not have). This,
combined with a sense of fairness in the process, is more than enough for me.
So
I'll be happy to concede the trademark argument here and now, and let's concentrate
on the application itself. Fair?