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

    This discussion has been archived. No new comments can be posted.
    SEX.BIZ Registrant Gets Screwed by STOP | Log in/Create an Account | Top | 30 comments | Search Discussion
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    Re: You only had to take one hurdle
    by Anonymous on Friday November 08 2002, @08:27AM (#10044)
    Simon, the key to this decision was the complainant convinced Perluss its "trademarks" were legit and that the word "sex" was not generic. Instead of following Panelist Atkinson's reasoning from the July Sex.biz decision (which is what should have happened), Perluss used faulty reasoning and found in favor of the complainant. The panel should not have even had to discuss bad faith, because there could not have been any based on such a generic word.
    [ Reply to This | Parent ]
    Re: And another thing...
    by Anonymous on Friday November 08 2002, @08:34AM (#10045)
    The decision is also wrong because there's no way the complainant should succeed on the "likelihood of confusion" argument. Internet users were not going to confuse the registrant's site SEX.biz with the complainant. Why? Because the word "sex" is generic and people going to that site are looking for the obvious, which isn't refrigerator magnets.
    [ Reply to This | Parent ]
    Re: You only had to take one hurdle
    by jberryhill on Sunday November 10 2002, @03:23PM (#10058)
    User #3013 Info

    Look at the decision iagain. According to Perluss, no amount of "demonstrable preparation" would have been sufficient, because in order to proceed with the registration, the registrant had already received the IP claim. That was how .biz worked.

    Perluss, in his infinite wisdom, would have required people to have begun preparing to use domain names in advance of the .biz lottery - i.e. at a point in time when they did not know whether they would even *get* the domain name.

    Perluss is simply and clearly ignorant of the way the .biz registration process worked. The NAF doesn't require these panelists to know what they are talking about.

    [ Reply to This | Parent ]

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