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Re: [ga] ICANN to sell the name of its competitors (ISO, IGF, USA., TLDA..) [was: ICANN meeting notes Arabic Script IDN Working Group (ASIWG) on Introduction to new gTLDs]

  • To: John Palmer <jpalmer@xxxxxxxxxxxxxxxxxxxxxxx>, ICANN Policy staff <policy-staff@xxxxxxxxx>, "twomey@xxxxxxxxx" <twomey@xxxxxxxxx>, Peter Dengate Thrush <barrister@xxxxxxxxxxxxxxx>
  • Subject: Re: [ga] ICANN to sell the name of its competitors (ISO, IGF, USA., TLDA..) [was: ICANN meeting notes Arabic Script IDN Working Group (ASIWG) on Introduction to new gTLDs]
  • From: "Jeffrey A. Williams" <jwkckid1@xxxxxxxxxxxxx>
  • Date: Mon, 03 Nov 2008 16:59:09 -0800

John and all,

  Good for you and well said!  I am sure the lawyers are salivating
at the prospect.  But do try to remember, TLD's are not patentable,
but are tradmarkable.  I hope you and your organization has availed
yourself and itself of the latter.  If not, I think your legal standing will
be very limited, if existant at all.

  It is now, and has been for several years now, unfortunate that ICANN
has refused to works with the Internet communtiy in it's entirity.  Maybe
some day ICANN will recognize that the diversity of the Internet community
is far bigger and wide spread than ICANN istelf.  But don't hold your breath...
Yet stranger things have happened.

John Palmer wrote:

> The USA. TLD is property of American Webmasters, Inc. and any attempt to 
> steal this business
> product will be met with a lawsuit.
>
> This is the official position of AWI.
> ----- Original Message -----
> From: "JFC Morfin" <jefsey@xxxxxxxxxxxxxxxx>
> To: "Joe Baptista" <baptista@xxxxxxxxxxxxxx>; "Ga" <ga@xxxxxxxxxxxxxx>
> Sent: Monday, November 03, 2008 4:53 AM
> Subject: [ga] ICANN to sell the name of its competitors (ISO, IGF, USA., 
> TLDA..) [was: ICANN meeting notes Arabic Script IDN Working
> Group (ASIWG) on Introduction to new gTLDs]
>
> >
> > Dear all,
> > I am afraid that I have to support what Joe Baptista is saying. I know that 
> > not all Drafts become RFCs and that not RFCs become
> > standards. But I think time has come for the Internet community to come up 
> > with a best practice Draft documenting the current and
> > resulting TLD Management.
> >
> > At 16:26 02/11/2008, Joe Baptista wrote:
> >>I am monitoring the ICANN meeting as best one can.  There is an interesting 
> >>discussion at the meeting of the Arabic Script IDN
> >>Working Group (ASIWG) today.  A lot is being said that is applicable to our 
> >>community.  This discussion clearly shows that the
> >>application of FCFS rules developed by your truly are the solution to the 
> >>various problems this ICANN auction will cause.  I have
> >>made some case notes to this meeting which are as follows:
> >>
> >>Case 1: Many corporations today use their own TLDs for web, host and email 
> >>support.  This is the case in the INS - Philips, REMAX,
> >>TMF Group, XEROX etc. etc. are all fine examples of corporations in the INS 
> >>using TLDs for internal infrastructure.  One of the
> >>TLDAs directors in fact does just this with his TLD.  If the ICANN auction 
> >>does not have a means of excluding these TLDs the
> >>duplication of them will cause major problems and technical errors for the 
> >>companies who's TLDs are duplicated.
> >
> > The position of ICANN does not consider the label registered as TM, company 
> > name, or organisation's title and people's names who
> > obviously have a prehemption right, with possible international conflicts. 
> > Also, what is ICANN's legitimacy to pocket the money
> > resulting from the sales of a common good supported by no international 
> > agreement or treaty ?
> >
> > I note that if IBM can be registered, WIPO said that .IBM cannot.
> >
> >>Case 2: We must remember that ICANN has established internal practices 
> >>which are now part of public policy in the ICANN fiasco.
> >>One of those policies is the protection of brand name and trade mark 
> >>holders.  The intellectual property constituency at ICANN and
> >>the relevant judicial process at the WIPO is now a well established 
> >>standard.  It may not look good if ICANN for any reasons
> >>chooses to ignore those standards at the TLD level.  In short order what is 
> >>good for the goose is good for the gander.
> >
> > In the UDRP logic and texts TLDs are subject to UDRPs. UDRP's recital does 
> > not define what a domain is. A TLD is a domain name as
> > any other.
> >
> > ICANN's bylaws prevent ICANN from being a registry. ICANN now wants to be a 
> > registry in the ISO class (currently only ISO
> > 3166/MA - the ISO  3166 Maintenance Agency has capacity to create new TLDs. 
> > It does it for free).
> >
> >>Case 3: Operational status.  An SLD is not required to be operational for 
> >>it to exist.  The operational and non operational status
> >>of an SLD does not in any way affect the operation of the TLD zone.  Only 
> >>other TLDs associated with that TLDs infrastructure are
> >>affected.  Internal TLDs are not as a norm available to the public DNS.  
> >>There may be instances in which is would be prudent to
> >>carry a non operational TLD in a zone.  Many would find this radical 
> >>thinking - but it is the norm in the SLD world by default it
> >>would easily fit into the TLD world.  I simply put this out there to 
> >>generate a little thinking on operational status.  Also from
> >>a legal point of view a TLD need not be operational for a party to have a 
> >>legal claim on it.
> >
> > Currently the Member(s) of the TLD Registries (ISO 3166/MA, TLDA, private 
> > networks [cf. ICANN ICP-3 Document) do not require a TLD
> > to be operationally supported before being registered.
> >
> > I therfore submit there is an urgent need fro an ISO 3166 extension 
> > covering the globally accepted Names of the International
> > Organizations. Otherwise I suppose someone is going to register ".iso",  
> > ".igf", ".uno", ".onu", ".usa", ".eec", ".tlda", etc.
> >
> > jfc
> >
> >

Regards,

Spokesman for INEGroup LLA. - (Over 284k members/stakeholders strong!)
"Obedience of the law is the greatest freedom" -
   Abraham Lincoln

"Credit should go with the performance of duty and not with what is
very often the accident of glory" - Theodore Roosevelt

"If the probability be called P; the injury, L; and the burden, B;
liability depends upon whether B is less than L multiplied by
P: i.e., whether B is less than PL."
United States v. Carroll Towing  (159 F.2d 169 [2d Cir. 1947]
===============================================================
Updated 1/26/04
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