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



At 14:33 +0200 2002/09/21, Thomas Roessler wrote:
>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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Judyth Mermelstein     "cogito ergo lego ergo cogito..."
Montreal, QC           <espresso@e-scape.net>
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"A word to the wise is sufficient. For others, use more."
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