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    Highlights of the ICANNWatch Archive
    (June 1999 - March 2001)

    This discussion has been archived.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: Wrong again...
    by Anonymous on Friday August 30 2002, @09:25AM (#8814)
    Simon, you won. Give it a rest. That said, your point #2 is also wrong. "Arbitrators should not only check if there is a trademark, they should check if this trademark is really used in commerce." Panels do not have time to verify this point, and should not have to. ICANN Rules state that Panels are to review the documents filed by each side and make their decision based on those documents. Some panels have done their own research by looking at Whois, or the US Patent & Trademark Office database or Google. However, a mark can be used in commerce without showing up in Google or in some easy to verify way. It isn't the Panel's job to do this, it is the job of the parties in the dispute to provide this information.

    Simon, you did a good job digging up facts on the Complainant. It probably wasn't too hard. I would wager that regardless of what you think, this guy was destined to lose. You can't trademark the term "sex", it is generic. Even "complainant friendly" panels, if there is such a thing, would have found the same way. This compaint was a loser from the beginning. The real winner in this case is the National Arbitration Forum.
    [ Reply to This | Parent ]
    Re: Wrong again... by Anonymous
    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
    [ Reply to This | Parent ]
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