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Re: [atlarge-discuss] icannatlarge.com



At 05:29 p.m. 20/09/2002 -0700, James S. Tyre wrote:
Just to add grist to the mill - or, perhaps, fuel to the fire ;-) - today, the Ninth U.S. Circuit Court of Appeals (the federal appellate court for the western U.S., including California) decided in _Interstellar Starship Services v. Epix, Inc._ that the mere fact that a trademark is incorporated into the domain name of another is not, by itself, enough to establish liability for infringement (or ACPA cybersquatting), more is required.

Other federal circuit courts have held the same (the rulings from one circuit are not binding on the others), as have some UDRP arbitrations.

I respectfully decline to offer a legal opinion on the hypothetical case of ICANN v. icannatlarge.com/org, but the discussion so far has been pretty black and white. The law isn't.
And who wants to incorporate icannatlarge in the U.S.?


--Joop


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