RE: [atlarge-discuss] icannatlarge.com

["Bruce Young" <bruce@barelyadequate.info>]

So everyone read James' comments below, and assume they came from me!  ;)

Bruce Young
Portland, Oregon USA
bruce@barelyadequate.info
http://www.barelyadequate.info
--------------------------------------------
Support democratic control of the Internet!
Go to http://www.icannatlarge.com and Join ICANN At Large!


|  -----Original Message-----
|  From: James S. Tyre [mailto:jstyre@jstyre.com]
|  Sent: Monday, September 23, 2002 7:29 PM
|  To: Bruce Young; atlarge-discuss@lists.fitug.de
|  Cc: John Berryhill Ph.D. J.D.
|  Subject: RE: [atlarge-discuss] icannatlarge.com
|  
|  
|  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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