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    Highlights of the ICANNWatch Archive
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    This discussion has been archived. No new comments can be posted.
    Groundbreaking NAF Decision in NEW.NET Domain Case | Log in/Create an Account | Top | 86 comments | Search Discussion
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    Re: Why give trademark holders advantages in regis
    by simon on Friday August 30 2002, @09:03AM (#8810)
    User #2982 Info | http://www.nic.pro/
    not all trademark suatters are that stupid as this one. i'm sure some more intelligent people only registered "SEX" as a trademark with abusive intents (only to grab a sex.newTLD). these people got a ticket for sex.info.

    what are the consequences from this decision?

    1. no "sunrise periods" in further new to introduce TLDs
    NeuLevels .BIZ STOP policy is much better.

    2. Arbitrators should not only check if there is a trademark, they should check if this trademark is really used in commerce.

    3. Trademark holders should prove that their trademark is really used in commerce, if they want to grab a domain name via WIPO or NAF.

    Imagine if I would never have found the article from Wired Magazine wherein the Complainant said that he only registered the trademarks to grab the domain names. Imagine if I would never have found the order in the case "Amazon.com against Kalaydjian (Complainant) wherein it is stated that the Complainant only has sold 98 bottles of his tanning oil branded as "AmazonTan", it is not mentioned that tanning oil branded as "SEX.SHOP" was ever sold.
    I WOULD HAVE LOST THE CASE (with some bad judging arbitrators)!
    The mere fact that the Complainant has a trademark that is identical to my domain name would have been enough.

    Believe it or not Mr. Diliberto, the Complainants lawyer also acts as an arbitrator!
    According to the lies he spread in this case I do not want to see his arbitration orders.nic.PRO will be back online soon with FREE sub-domains. Dowload the FREE plug-in at
    www.name-space.com/software
    [ Reply to This | Parent ]
    Re: Why give trademark holders advantages in regis by simon
    Re: Wrong again...
    by simon on Friday August 30 2002, @09:40AM (#8820)
    User #2982 Info | http://www.nic.pro/
    okay you may be right that arbitrators do not have the time to verify a tm. but then take my point #3 where i say that the trademark holder should prove that his trademark is used in commerce.

    >>You can't trademark the term "sex", it is generic.<<
    LOL no, you can't trademnark the term "sex" like you can' trademark the terms "apple", "windows", "orange", "cat",...
    now what is this below? ;-)

    US Federal Trademarks Record 1-10 of 1660


    Search Term: sex


    Trademarks Status Goods / Services
    1 SEX EXPIRED 003 Cosmetics and Cleaning Preparations

    2 SEX EXPIRED 028 Toys and Sporting Goods

    3 SEX ABANDONED 025 Clothing

    4 SEX ABANDONED 041 Education and Entertainment

    5 SEX ABANDONED 003 Cosmetics and Cleaning Preparations

    6 SEX REGISTERED 028 Toys and Sporting Goods

    7 SEX REGISTERED 041 Education and Entertainment

    8 SEX REGISTERED 041 Education and Entertainment

    9 SEX PUBLISHED 009 Electrical and Scientific Apparatus

    10 SEX PENDING 005 Pharmaceuticals


    this proves you don't know what you are talking about
    nic.PRO will be back online soon with FREE sub-domains. Dowload the FREE plug-in at
    www.name-space.com/software
    [ Reply to This | Parent ]
    Re: Wrong again...
    by simon on Friday August 30 2002, @11:43AM (#8831)
    User #2982 Info | http://www.nic.pro/
    The same Anonymous again. I proved that you don't know what you are talking about. And your answer is: "Take your win and go away, I'm tired of hearing from you. Go back to New.net from where you came. Leave us alone. This isn't New.netwatch."

    You meant to say: "Leave ME alone" ;-)

    You always said I am wrong and I proved you otherwise.nic.PRO will be back online soon with FREE sub-domains. Dowload the FREE plug-in at
    www.name-space.com/software
    [ Reply to This | Parent ]
    Re: Wrong again...
    by simon on Friday August 30 2002, @11:52AM (#8832)
    User #2982 Info | http://www.nic.pro/
    >>Go back to New.net from where you came. Leave us alone. This isn't New.netwatch." <<

    LOL
    Michael Froomkin posts an article by Dan Tobias on ICANNWatch and I should discuss this article on the new.net message board???

    you replied to my comments and I replied to your comments again. where is your problem?nic.PRO will be back online soon with FREE sub-domains. Dowload the FREE plug-in at
    www.name-space.com/software
    [ Reply to This | Parent ]
    Re: MDRP Decision
    by simon on Monday September 02 2002, @09:43AM (#8925)
    User #2982 Info | http://www.nic.pro/
    "You've proven my point"
    --> what point please?

    "Go talk to the others like you on the New.net board."
    --> It seems you like me to proof you that you don't know what you are talking about many times.

    "non-issue like New.net"
    --> It seems to be an issue. Why are there some articles about New.net on IcannWatch?nic.PRO will be back online soon with FREE sub-domains. Dowload the FREE plug-in at
    www.name-space.com/software
    [ Reply to This | Parent ]
    Re: MDRP Decision
    by simon on Tuesday September 03 2002, @01:40AM (#8945)
    User #2982 Info | http://www.nic.pro/
    If this is the only comment you are able to contribute, then good night.
    The level of ICANNWatch sinks with people like you not able to discuss.

    btw. what has my nationality to do with my "foolishness"?nic.PRO will be back online soon with FREE sub-domains. Dowload the FREE plug-in at
    www.name-space.com/software
    [ Reply to This | Parent ]
    Re: MDRP Decision
    by simon on Wednesday September 04 2002, @07:38AM (#9028)
    User #2982 Info | http://www.nic.pro/
    Why should I shut up?

    Why don't you shut up? ;-)
    nic.PRO will be back online soon with FREE sub-domains. Dowload the FREE plug-in at
    www.name-space.com/software
    [ Reply to This | Parent ]
  • 1 reply beneath your current threshold.

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