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RE: [atlarge-discuss] ICANNAtlarge trademark infringement (was LET'S GET GOING: Determining a Chair forthePanel)

At 05:58 PM 6/7/2003 +1200, Joop Teernstra wrote:

At 05:17 p.m. 7/06/2003, bruce@barelyadequate.info wrote:


However, I remember Joanna being threatened by lawyers while serving as
Panel Chair
I would like to hear the details. Who were the "lawyers"? All I have seen was an uncharacteristic posting from John Berryhill.
Was there more?
No, it was John, who sometimes is, erm, flamboyant. '-)

As I said here at the time, I do not agree with John's analysis; but it isn't black and white.



| Let ICANN bring on the lawsuits.

That's easy for you to say, Joop.  You apparently can afford the legal bills
if their suits come to call!
Is the fear of being sued so strong in the US that people with a just and strong case can be intimidated simply because they cannot afford a defence?
Speaking as a US litigator for 24 years, emphatically "yes."


Are there not penalties awarded for frivolous lawsuits?

Yes, but frivolous is a term of art with a precise meaning. Though I believe that ICANN would lose a lawsuit over the domain name, it would not be found to be frivolous.

Also, I don't presume to know what the rule is in New Zealand, but the American rule, unlike the English rule, is that attorney fees are not routinely awarded to the prevailing party, they are the exception to the rule, and only if there is a specific authorizing statute or contractual provision.

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10736 Jefferson Blvd., #512 Culver City, CA 90230-4969
Co-founder, The Censorware Project http://censorware.net


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