Re: [atlarge-discuss] icannatlarge.com

[eric@hi-tek.com]

Is there a cease and desist request letter?
Or is this all just hypothetical law school type rhetoric?
Very intellectual but two employees of ICANN paid for the site.
Well duh?  Maybe we should sue ICANN for unjust enrichment!
e

"James S. Tyre" wrote:

> At 06:05 PM 9/23/2002 -0700, Bruce Young wrote:
> >Jeff Williams wrote:
> >
> >|  One such example is icannwatch.  There are several others.
> >|  SO for ICANN to do so now would not get much consideration
> >|  in a court of law an their atty's know that...
> >
> >Failure to defend their trademark today doesn't prevent them from doing so
> >in the future!  For all you know Joe Sims has a "cease and desist" letter
> >ready to drop on us as soon as the election is over!
>
> Bruce,
>
> If you were me - be thankful you're not ;-) - you might ask Jeff to explain
> why and how, under the trademark statutes and cases, the existence of
> ICANNwatch has more than passing relevance to the ICANNatlarge issue.
>
> You might even give him a leg up by assuming, for the sake of discussion,
> that there had been a court case between ICANN and ICANNWatch and that
> ICANNWatch had won.  Even with that assumption, you might ask him to impart
> his knowledge of how such a decision would have more than a passing impact
> on the ICANNatlarge issue.
>
> And surely you should ask him to explain how the legal issue rarely
> involves just the simple question of whether someone is using another's TM,
> but rather how, and in what context.  And from that, certainly a discussion
> should follow of the similarities or differences in the use of "ICANN" by
> ICANNwatch on the one hand, ICANNatlarge on the other.
>
> However, you're not me.
>
> --------------------------------------------------------------------
> 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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