ICANNWatch
 
  Inside ICANNWatch  
Submit Story
Home
Lost Password
Preferences
Site Messages
Top 10 Lists
Latest Comments
Search by topic

Our Mission
ICANN for Beginners
About Us
How To Use This Site
ICANNWatch FAQ
Slash Tech Info
Link to Us
Write to Us

  Useful ICANN sites  
  • ICANN itself
  • Bret Fausett's ICANN Blog
  • Internet Governance Project
  • UN Working Group on Internet Governance
  • Karl Auerbach web site
  • Müller-Maguhn home
  • UDRPinfo.com;
  • UDRPlaw.net;
  • CircleID;
  • LatinoamerICANN Project
  • ICB Tollfree News

  •   At Large Membership and Civil Society Participation in ICANN  
  • icannatlarge.com;
  • Noncommercial Users Constituency of ICANN
  • NAIS Project
  • ICANN At Large Study Committee Final Report
  • ICANN (non)Members page
  • ICANN Membership Election site

  • ICANN-Related Reading
    Browse ICANNWatch by Subject

    Ted Byfied
    - ICANN: Defending Our Precious Bodily Fluids
    - Ushering in Banality
    - ICANN! No U CANN't!
    - roving_reporter
    - DNS: A Short History and a Short Future

    David Farber
    - Overcoming ICANN (PFIR statement)

    A. Michael Froomkin
    - When We Say US™, We Mean It!
    - ICANN 2.0: Meet The New Boss
    - Habermas@ discourse.net: Toward a Critical Theory of Cyberspace
    - ICANN and Anti-Trust (with Mark Lemley)
    - Wrong Turn in Cyberspace: Using ICANN to Route Around the APA & the Constitution (html)
    - Form and Substance in Cyberspace
    - ICANN's "Uniform Dispute Resolution Policy"-- Causes and (Partial) Cures

    Milton Mueller
    - Ruling the Root
    - Success by Default: A New Profile of Domain Name Trademark Disputes under ICANN's UDRP
    - Dancing the Quango: ICANN as International Regulatory Regime
    - Goverments and Country Names: ICANN's Transformation into an Intergovernmental Regime
    - Competing DNS Roots: Creative Destruction or Just Plain Destruction?
    - Rough Justice: A Statistical Assessment of the UDRP
    - ICANN and Internet Governance

    David Post
    - Governing Cyberspace, or Where is James Madison When We Need Him?
    - The 'Unsettled Paradox': The Internet, the State, and the Consent of the Governed

    Jonathan Weinberg
    - Sitefinder and Internet Governance
    - ICANN, Internet Stability, and New Top Level Domains
    - Geeks and Greeks
    - ICANN and the Problem of Legitimacy

    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    This discussion has been archived.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
    Click this button to post a comment to this story
    The options below will change how the comments display
    Threshold:
    Check box to change your default comment view
    The Fine Print: The following comments are owned by whoever posted them. We are not responsible for them in any way.
    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
    www.name-space.com/software
    [ Reply to This | Parent ]
  • 2 replies beneath your current threshold.

  • Search ICANNWatch.org:


    Privacy Policy: We will not knowingly give out your personal data -- other than identifying your postings in the way you direct by setting your configuration options -- without a court order. All logos and trademarks in this site are property of their respective owner. The comments are property of their posters, all the rest © 2001, 2002, 2003, 2004, 2005, 2006, 2007, 2008 by ICANNWatch.Org. This web site was made with Slashcode, a web portal system written in perl. Slashcode is Free Software released under the GNU/GPL license.
    You can syndicate our headlines in .rdf, .rss, or .xml. Domain registration services donated by DomainRegistry.com