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

On 2002-09-20 22:33:05 -0400, Joanna Lane wrote, on the panel list:
Did you take legal advice before arriving at this opinion? Well, I did. Whether I like it or not, (and I do not), it has been made perfectly clear to me by my trademark attorney that the term "ICANNATLarge" constitutes a Lanham Act infringement of the US Trademark law for which people can be held personally liable. That includes me and I strongly advise each member of the Panel to seek proper professional advice as to their personal liability before taking a position on this matter.
There are two matters on which you, dear Joanna, are taking a position. A considerable part of the current discussion comes from the fact that you are mixing these matters.


Question 1: Should the vote go on without interference from the panel? Regardless of any effects a possible result may have, the answer to this question is "yes", and I haven't see anyone except you, dear Joanna, argue otherwise. Ballots aren't changed in the middle of a vote, period. Everything else comes directly from the most stupid dictators' toolchests.


Question 2: Should the vote's result actually be implemented?
If the vote's result does not produce any legal questions, then there is no reason for any debate at all. Such a vote result should actually be quite possible.

If the vote's result does produce legal questions, then it's the panel's job to deal with these questions in an intelligent way. Obvious options include: Ask ICANN for permission; understand the risks and just accept them, if they are controllable; implement the top-running unproblematic option on the ballot.


Please, Joanna, do what you were elected to do, and act in an _intelligent_ manner, while keeping your hands out of an ongoing vote.
--
Thomas Roessler http://log.does-not-exist.INFO/

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