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Username: Gregory W. Krajewski
Date/Time: Tue, November 14, 2000 at 3:13 AM GMT
Browser: Microsoft Internet Explorer V5.01 using Windows 98
Score: 5
Subject: TO ICANN:   Image Online Design has a LEGAL mechanism that will work...

Message:
 

 
    I would just like to state for the record...The above letters were written by individuals not affiliated with IOD.  Anyways, here is IOD's legal mechanism they will use to protect TM holders:

(from their application)---TAKE NOTE ICANN, The law here is on IOD's side....that is what you need to look at...what you LEGALLY can do to protect TM holders...because if you merely try and shuttle this through, it will be OVERTURNED..that is clear...(based on the legal opinions above)


>>>Notwithstanding the difficulties in providing generic sunrise provisions for particular classes of trademark owners, though, Image Online Design will implement a policy that will provide significant protection to trademark owners during the full inclusion of .Web domain names into the main DNS system. First, if any trademark registration owner files a UDRP complaint or file suit to contest the ownership of a domain name registration in a court of competent jurisdiction before .Web is added to the root, Image Online Design will place the subject .Web domain name registration on hold, preventing use of that domain name by anyone. This remedy is not presently available to trademark owners in the .com, .net and .org TLDs. This remedy will allow trademark owners to block widespread potential trademark infringement through the use of a previously registered Image Online Design .Web second level domain name registration before it is allowed to begin. Additionally, Image Online Design will provide a notice of this policy to all existing Image Online Design .Web domain name registrants and encourage them to voluntarily relinquish any domain names that are likely to provoke a domain name dispute and register a different domain name in its place without charge. This offer will be revoked, however, should a domain name be formally contested, either through the filing of a complaint under the UDRP or the filing of a legal action in a court of competent jurisdiction with respect to the domain name. <<<<

Gregory W. Krajewski
gkrajews@mato.com


 


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