Re: [ga] So, the way that ICANN handles legal objections to TLDS on its website is to delete them?

["John Palmer" <jpalmer@xxxxxxxxxxxxxxxxxxxxxxx>]

That’s not true – trademarks in one country are very often recognized and 
protected in other countries by treaty. 

ICANN is based in Marina Del Rey, CA – US, I believe. Unless they moved it, the 
A-Root is in Virginia somewhere.  I 
judgment from a U.S. court would not be able to be ignored by ICANN, since they 
have too many operations in this U.S.

We’ll take the matter into the courts and see who prevails...


From: Randel H Hanes 
Sent: Sunday, April 20, 2014 2:23 PM
To: Rubens Kuhl ; John Palmer 
Cc: ga@xxxxxxxxxxxxxx 
Subject: Re: [ga] So, the way that ICANN handles legal objections to TLDS on 
its website is to delete them?

You fellows are looking at this issue procedurally when it reality is that a 
claimed copyright and trademark exists only within the jurisdiction it was 
filed in.
You have some protection with a domain name when the infringer exist in the 
same country as you, but not the TLDs. ICANN evolved to work without any one 
country telling it what it has to do.
I feel for those this trauma has caused because of all their time and 
investment, but ICANN has the power of emanate domain when it comes to TLDs. In 
1995, most would not have seen this coming, but as the groups of Internet 
interests met and formed what became ICANN we all saw that the frontier of wild 
TLDs were going to be tamed for the good of universal uniformity.
I can guess why there seems to be an apparent nonacceptance of ICANN's function 
and power, so I encourage to embrace and blend into the system and accomplish 
from within and stop beating a dead horse



On 4/18/2014 10:54 PM, Rubens Kuhl wrote:


  You are entitled to an opinion and to seek legal remedy based on it, the 
problem is you suggested that you filed an objection and it vanished, and it 
turns out you disagree with the objection process requiring paying to the ADR 
and never filed one.  

  The problem with alternate TLD alleged rights is that people might pay your 
claims with Monopoly money, as they belong to the same realm… 

  Rubens

  On Apr 19, 2014, at 12:36 AM, John Palmer <jpalmer@xxxxxxxxxxxxxxxxxxxxxxx> 
wrote:


    So typical of the ICANN racket! You can’t even file an objection without 
paying ransom money to their 
    hand-picked cronies.

    Sorry – AWI has a legally protected claim on .EARTH.  ICANN and the 
applicants will soon be receiving
    formal notification of our intent to defend our copyrighted directory 
property.


    From: Rubens Kuhl 
    Sent: Friday, April 18, 2014 8:39 AM
    To: John Palmer 
    Cc: ga@xxxxxxxxxxxxxx 
    Subject: Re: [ga] So, the way that ICANN handles legal objections to TLDS 
on its website is to delete them?


    On Apr 18, 2014, at 1:40 AM, John Palmer <jpalmer@xxxxxxxxxxxxxxxxxxxxxxx> 
wrote:


      Over a year and a half ago, when the objections period for new TLDs was 
open, I filed a legal objection on
      ICANN’s website to two applications for the TLD “.EARTH” since these TLDs 
are the property of my company
      and we have been operating them since 1995 (and still are). 

      When I look at the ICANN website, under objections for the new TLDs, here:

      http://newgtlds.icann.org/en/program-status/odr/determination

      I see that they seemed to have deleted the objections and never even 
processed them. So, I guess the
      objections process is just a scam.



    What type of objections your company filed ? The objections, no matter the 
outcome or lack of it, where published by the ADR providers.

    ICC:
    
http://www.iccwbo.org/Data/Documents/Buisness-Services/Dispute-Resolution-Services/Expertise/ICANN-New-gTLD-Dispute-Resolution/List-of-Pending-Cases/

    WIPO:
    http://www.wipo.int/amc/en/domains/lro/

    ICDR:
    http://go.adr.org/icanngtld

    I couldn’t find any objections to .earth on any provider… note that filing 
an objection is not just posting a comment, as you did here:
    
https://gtldcomment.icann.org/comments-feedback/applicationcomment/commentdetails/6237

    Filing an objection is actually following the objection process, paying 
money to the ADR, providing a lots of pages of reasoning… a comment is just a 
comment. 


    Rubens


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