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Re: [atlarge-discuss] icannatlarge.com

Would you please reconcile this post to your response to Bruce on this thread, four minutes before? I find the two impossible to reconcile, but I am but a humble lawyer who has litigated a number of trademark cases (including domain name case), perhaps I have missed the connection.

Thanks.

At 02:15 AM 9/23/2002 -0700, Jeff Williams wrote:
James and all stakeholders or other interested parties and members,

Thank you James for chiming in here. Indeed the issue here is
very gray. The panel members that are running scared here
are as a result, behaving prematurely and unnecessarily paranoid.
I am now very disappointed in them. :(

James S. Tyre wrote:

> At 10:13 PM 9/22/2002 -0700, Bruce Young wrote:
> >Norbert Klein wrote:
> >
> >
> >| Of course if the vote on the name should result in a name change of the
> >| group of people who have gathered under the name of ICANNatlarge
> >| at our present
> >| web site - then we have voted ourselves out from the position we have at
> >| present - rightly acknowledged so far also by ICANN.
> >
> >ICANN acknowlegdes us because they seen no need to do otherwise while we are
> >small and limited in influence. If we become large and our influence
> >increases, I suspect that will likely change.
>
> Perhaps more important, ICANN had a need to look "good" to DoC while the
> MoU still was an open issue. Now that DoC has decided to renew it, does
> ICANN have the same need or motivation?
>
> Trademark rights can be lost through non-enforcement - "trampoline" is one
> of many famous examples ("aspirin" is the most famous, but that's a special
> case) - however, going back t the debut of icannatlarge.com, not nearly
> enough time has passed for that to be a clear-winner defense should ICANN sue.
>
> As I've said before, I decline expressly to give a legal opinion on who
> would win this hypothetical dispute. But both as a lawyer who does a fair
> amount of TM work and (as Karl's lawyer) one of a very small set of folks
> who actually have beaten ICANN in court, I reiterate that this is not a
> black and white issue, it is far more gray than most posters have portrayed it.
>
> --------------------------------------------------------------------
> James S. Tyre mailto:jstyre@jstyre.com
> Law Offices of James S. Tyre 310-839-4114/310-839-4602(fax)
> 10736 Jefferson Blvd., #512 Culver City, CA 90230-4969
> Co-founder, The Censorware Project http://censorware.net
>
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Regards,
--
Jeffrey A. Williams
Spokesman for INEGroup - (Over 127k members/stakeholders strong!)
CEO/DIR. Internet Network Eng/SR. Java/CORBA Development Eng.
Information Network Eng. Group. INEG. INC.
E-Mail jwkckid1@ix.netcom.com
Contact Number: 214-244-4827 or 972-244-3801
Address: 5 East Kirkwood Blvd. Grapevine Texas 75208

--------------------------------------------------------------------
James S. Tyre                               mailto:jstyre@jstyre.com
Law Offices of James S. Tyre          310-839-4114/310-839-4602(fax)
10736 Jefferson Blvd., #512               Culver City, CA 90230-4969
Co-founder, The Censorware Project             http://censorware.net


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