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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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