[atlarge-discuss] ICANNAtlarge trademark infringement (was LET'S GET GOING: Determininga Chair forthePanel)

[Joanna Lane <jo-uk@rcn.com>]

This is now a separate thread. Comments below.

> From: Richard Henderson [mailto:richardhenderson@ntlworld.com]
>> OK
>
> Let's have another vote then.
>
> Question:
>
> Would you rather another name instead of Icannatlarge.org for our
> organisation?
>
> YES:
> NO:
>
> And stick it in the next Poll
> (Be a good idea to do it *before* we start outreach and
> interacting with the
> media though!)
>
> If the response is YES, we'd rather another name, then we know it won by
> default and we vote on a new option.
>
> What's the point of having a name people don't really want?
>
>
> Richard H

Absolutely, but the membership is not properly informed about this issue,
and such a simple question needs an explanation as to why there is a need
for change, or they may resist change on principal -  as unimportant - time
wasting - unnecessary ego trip - already decided - and so on.

The important thing to appreciate is that it is not you and I, nor the rest
of the membership who would get sued personally for trademark infringement,
that is one of the privileges won by the Panelists...:-)    Hence, with
respect to this particular matter, it ought to be a Panel decision that the
membership cannot override. If not, it leaves the Panel nowhere to go for
protection if the membership determine to keep ICANN in the name, save to
resign, which is exactly what happened to me. I had no choice to run in this
election and I'd like to se that barrier to entry removed so that everyone
can have the option to participate fully without having to put their
personal assets on the line and risk losing them.

To recap, I have no problem with the question, but there has to be some
explanation on the ballot as to why ICANNatlarge is a problem in the first
place. Somewhere in the archives from last year there is a succinct
explanation by John Berryhill that we could use. If those who feel strongly
that ICANNATLarge should be retained, also put their case on the ballot,
that's fine, but I can't wait to see how a name that contains somebody
else's trademark can be justified, especially when you don't have a license
to use it.

Joanna




>
> ----- Original Message -----
> From: Joanna Lane <jo-uk@rcn.com>
> To: Richard Henderson <richardhenderson@ntlworld.com>;
> <gilbert.lumantao@mailcity.com>; 'Atlarge Discuss List'
> <atlarge-discuss@lists.fitug.de>
> Sent: Sunday, June 01, 2003 8:02 PM
> Subject: RE: [atlarge-discuss] LET'S GET GOING: Determining a Chair
> forthePanel
>
>
> > > But there you go... we decided on this name... and I believe in
> democracy
> > >
> > > Richard H
> >
> > Not true. More people voted for other choices. I take responsibility and
> > apologise. As Chair, I made a bad decision by deciding to run the vote
> using
> > "instant run off", where people had 4 choices and numbered them in
> priority
> > 1,2,3,4 against the 4 options. I thought it was important to
> have a clear
> > winner, and was concerned that with only one vote and 4
> options, the vote
> > would be split and no clear decision emerge. Most people just
> voted their
> > first choice, or first and second choice and left the rest blank, or put
> > ICANNATlarge 3rd. In the first round, it was a close call between two
> > strongest contenders and neither were ICANNAtlarge, so the name with the
> > least votes was eliminated and people who had voted for that
> name, we then
> > counted their second choice and so on. It went all the way to the fourth
> > round before a simple majority was established for ICANNatlarge, but you
> > have to appreciate that most votes had been eliminated, or were
> a member's
> > 3rd or 4th choice by that stage. The name won by default.
> >
> > So I don't think you can say it was the democratic will of the
> membership,
> > or that we are stuck with it when more members voted for other
> names than
> > ICANNatlarge. What is clear, is that if we just took the number
> 1 one vote
> > and done a straight count, ICANNatlarge would not have won.
> >
> > Joanna
> >
> >
> > > ----- Original Message -----
> > > From: Joanna Lane <jo-uk@rcn.com>
> > > To: <gilbert.lumantao@mailcity.com>; 'Atlarge Discuss List'
> > > <atlarge-discuss@lists.fitug.de>
> > > Sent: Sunday, June 01, 2003 7:00 PM
> > > Subject: RE: [atlarge-discuss] LET'S GET GOING: Determining a
> Chair for
> > > thePanel
> > >
> > >
> > > > > 7. we should use icannatlarge.org in everything we do (website,
> > > > > mailing list, ftp, etc.) unless there is a valid reason not to.
> > > > >
> > > > > gilbert
> > > > >
> > > >
> > > > Hello Gilbert,
> > > > Icannatlarge.org will never have a registered trademark,
> > > (becuase "ICANN"
> > > is
> > > > already registered). And it also means that ICANN itself can
> > > shut down the
> > > > organization at any time they choose by sending a "cease and
> > > desist using
> > > > our name" letter. Do you also realize that Panelists can be held
> > > personally
> > > > liable for breach of ICANN's copyright? And if you start to
> > > fundraise for
> > > an
> > > > organization called ICANNatanything, don't you think ICANN
> > > could claim you
> > > > are raising funds in their name?
> > > >
> > > > Joanna
> > > >
> > > >
> > > >
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> >
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