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

[Joop Teernstra <terastra@terabytz.co.nz>]

At 06:17 p.m. 7/06/2003, James S. Tyre wrote:

> > 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."
I was afraid that things had come to that in the Land of the Free and Home 
of the Brave but it is still distressing to hear  a practitioner confirm it.

What about the quality of Justice?



> > 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.
ot
> Also, I don't presume to know what the rule is in New Zealand,
I'm not sure either. I don't practice.

> 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.

In other words, should I take threats not to set foot in the US (or get 
sued under whatever pretext) seriously?
Or do you think an icannatlarge call for legal help would be a shield?


-joop-


---------------------------------------------------------------------
To unsubscribe, e-mail: atlarge-discuss-unsubscribe@lists.fitug.de
For additional commands, e-mail: atlarge-discuss-help@lists.fitug.de