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Re: [IFWP] Re: Trademark Enforcement at the TLD Level

Kerry and all,

Kerry Miller wrote:

> Roeland,
> > They make the suggestion, but if the trademark holder disagrees then the
> > judge is back to the rather one-sided choice of enforcing TM law or
> > making
> > new law to cover the suggestion. Judges are NOT in the law making
> > business.
> > It would probably take an act of Congress.
> The tigher the *logical case ICANN can make, the less inclined a
> TM holder may be to press a case which would likely require some
> sort of substantial proof that pizza hut  had in fact lost customers
> to  pizahut, pizzzahut, pizzahouse, etc ad nauseam.

  This indeed may occur at some point, but not likely in the immediate
future from where I am sitting at any rate.  Also at any rate
this potential may be academic or not matter much, as the majority
of case filings and the unknown level of potential implementation of
the WIPO RFC-3 findings may do it's damage early on to effectively
intimidate this industry segment.

> And the
> logic is, we've gotten along with these 26 characters (plus ~ = and
> _) for quite some time, sithout a hole hell of a kot of fontusion if I do
> say so.
> If the court wants to decalre the public illiterate by definiton, tho, I
> suoppose these here archives ll give im  precedent.

  Possibly legal illiteracy s had been demonstrated by many on these lists,
but certainly blanket illiteracy.  However many of the posts on these
lists will be useful as our legal team has pointed out to me could be VERY
useful in the near future, as has been shown in the anti-trust case
with Microsoft.

> kerrrry


Jeffrey A. Williams
CEO/DIR. Internet Network Eng/SR. Java/CORBA Development Eng.
Information Network Eng. Group. INEG. INC.
E-Mail jwkckid1@ix.netcom.com
Contact Number:  972-447-1894
Address: 5 East Kirkwood Blvd. Grapevine Texas 75208