Re: [atlarge-discuss] icannatlarge.com

[Jeff Williams <jwkckid1@ix.netcom.com>]

James and all stakeholders or other interested parties and members,

James S. Tyre wrote:

> Would you please reconcile this post to your response to Bruce on this
> thread, four minutes before?

  ????  Not sure what you mean here James.  But if it seems to be clock problem
I just check and mine is set properly.  Was that what you were referring to?

> 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.

  The connection was in along list of posts on this thread regarding Joanna's
and the Panels concerns being a bit overblown with respect to the current
vote now ongoing to select a new DN and that one of those being the
current one, ICANNATLARGE.COM...  Does that help?

>
>
> 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
> > >
> > > ---------------------------------------------------------------------
> > > To unsubscribe, e-mail: atlarge-discuss-unsubscribe@lists.fitug.de
> > > For additional commands, e-mail: atlarge-discuss-help@lists.fitug.de
> >
> >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

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



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