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

[Rubens Kuhl <rubensk@xxxxxx>]

John,

Someone off-list hinted me of something: you mentioned copyright instead of 
trademark rights initially. And since a new gTLD won’t copy the directory you 
already have, but rather have a directory with that name in another scope 
(ICANN root scope), that means copyright doesn’t apply. 

As for US jurisdiction, besides ICANN, the likely registry to win .earth is an 
US-based company, Google. So a court-order can still prevent Google to contract 
with ICANN on .earth. The other applicant is from Japan which would make this 
somewhat harder, but now you can hope for Google to win the auction. 


Rubens

On Apr 21, 2014, at 6:34 PM, John Palmer <jpalmer@xxxxxxxxxxxxxxxxxxxxxxx> 
wrote:

> 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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