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Re: [atlarge-discuss] FW: icannatlarge.com

At 01:39 a.m. 20/09/2002 +0900, Vivek Durai wrote:
Mr. John Berryhill "Ph.D. J.D." needs to do a little more research and reading
of UDRP precedents before coming to such conclusions. His attention may *also*
be directed to <http://www.at-large.org/>, an official ICANN website which
recognises this group as the only existing worldwide at-large structure in
respect of ICANN. While Mr. Berryhill might like to point out the finer aspects
of the law by quoting the rev. Vint Cerf, it may also be kept in mind that we
have no duty to ensure that the dealings of ICANN staff or individual directors
have been duly authorised by the company. But I would like this discussion to
remain on the GA list.
FYI,

I have replied on the GA list to John's blinkered view of a practicing Trademark attorney:

At 03:27 p.m. 18/09/2002 -0400, John Berryhill Ph.D. J.D. wrote:

Greetings Joanna,

It is a very simple issue.

Does ICANNatlarge have a license to use ICANN's trademarks?  Your answer, in
about 500 or so words, is "no."
John,

I did not read that in Joanna's recite of icannatlarge.com' s history. What she makes clear is that ICANN was aware and has condoned the use of its name.
I am surprised that you look at this issue in such a myopic and legalistic way.

Icann is not a trading company. The registration of its "trademark" has more to do with registrars who may claim to be "icann accredited" to sell Domain Name registrations, than with an organization of individuals, most of which still have a letter in their possession that declares them ....icann members.

The icannatlarge.com website was finished in time to be brought to the attention of the Board in Accra. At that time the homepage carried an explanation of the logo that said that the logo would be removed if ICANN would object to it.

Instead, the Board issued a resolution encouraging the formation and self-organization of its At Large membership (even though it rejected the Board member election as proposed by its At Large Study committee).
After Accra, the website carried on, but added a computer-lib symbol to the ICANN logo that was later removed for lack of support among the membership.

<snip>

ICANNatlarge.com is not authorized by or affiliated with ICANN, and its use
of ICANN trademarks is misleading, deceptive and dilutive.  You either have a
license or you don't, and it is clear that you don't.
That is not clear at all. Mr Touton and the ICANN Board and staff has been fully aware of the existence and (changing) looks of the site and it is ICANN's silence that has sanctioned the use of the logo.

*One* letter from ICANN, telling us that it does not sanction the use of its name and logo by the icannatlarge.com website would have its webmaster take it down.
Instantly and with as much publicity as such an event of dissociation would warrant.

The question is not if ICANN has sanctioned this use; the question, now being decided by the icannatlarge voting members, is whether *the members* still sanction it.

But, keep up the good work, since if ICANN does not act to enforce its
federally registered trademarks, then it will lose them.  In ten years, we'll
all be ICANN.
This is the dilution you speak of. ICANN needs to be "diluted". In a political not commercial context, it is called outreach. As long as either ICANN or our members do not say "stop that", we are still waving Icann's flag.

Misleading and deceptive? That is an absurd accusation.

Any good read of our website makes it abundantly clear what we are about. We sign up and organize members for ICANN At Large in accordance with the Board's invitation.

We want our elected representatives to be part of the ICANN decisionmaking structure.

If there is anything misleading and deceptive, it has been the gradual abandoning of ICANN's founding principle to be a membership organization.




--Joop Teernstra LL.M.--
initial webmaster
www.icannatlarge.com
Sign up and spread the word.



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