>And second, that the ICANN staff felt that even though they erroneously thought
we had a poor proposal, we still merit further consideration (negotiation with ICANN
towards becoming a registry).<As I understand it, negotiation begins *after* the
winning applicants are selected. See the link below.
>Finally, we have the (tm)
mark on .Web because the case is not over. We are appealing the case because we feel
that the judge made serious errors on matter of law, and we continue to assert trademark
rights.<
Have you read the USPTO material? I'm not a lawyer, but it's pretty obvious
from reading it that a TLD cannot be trademarked. I think you might be able to claim
prior use, and a court could decide on that, but a trademark seems out of the question.
Furthermore, a search on the USPTO trademark database brings up no results for '.web'?
So obviously the USPTO hasn't accepted a trademark application for you. I'm at a
loss to understand your claims because the law seems very clear in this regard.