Re: [ga] ICANN vs. Reality

[Allan Liska <allan@allan.org>]

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Hello John,

Wednesday, December 4, 2002, 11:58:50 AM, you wrote:

JBPDJD> L. Touton:

JBPDJD> "In fact, the offering of defensive registrations appears likely to minimize
JBPDJD> some of the start-up issues that can arise in a TLD's introduction. Giving
JBPDJD> those with registered trademark rights a simple vehicle to block conflicting
JBPDJD> registrations should minimize the potential for one type of lawsuit that can
JBPDJD> complicate a TLD's introduction."

JBPDJD> Reality:

JBPDJD> ICANN AND REGISTRARS SUED OVER SUNRISE PERIOD OF NEW TLDS
JBPDJD> An Orlando Business Journal report suggests that ICANN and
JBPDJD> registrars including Afilias have been sued by a Florida man
JBPDJD> over the use of sunrise periods for new TLDs.  The suit
JBPDJD> claims ICANN required registrars to include the sunrise
JBPDJD> provisions in the new TLDs.  ICANN declined comment.
JBPDJD> http://orlando.bizjournals.com/orlando/stories/2002/12/02/story3.html


I don't think those two statements are conflicting at all.
Specifically, the first quote says "minimize the potential for one
type of lawsuit".  It does not state that there will be no lawsuits.

Where domains are concerned it seems there are always people willing
to file lawsuits, and of course there are always lawyers willing to
take people's money -- whether or not the case has any validity (not
saying this is not a valid case, I don't really know the details).

No matter how a new domain is introduced you are going to have people
who don't get the name they want, there is no way to prevent that from
happening, and inevitably someone is going to sue -- I hardly think
you can blame people's propensity to file lawsuits on ICANN.


allan
- --
Allan Liska
allan@allan.org
http://www.allan.org

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