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Re: [ga] court curbs icann
John and all,
For those interested, the complete URL is:
http://www.law.com/cgi-bin/gx.cgi/AppLogic+FTContentServer?pagename=law/View&c=Article&cid=ZZZI5DBFD8C&live=true&cst=1&pc=0&pa=0&s=News&ExpIgnore=true&showsummary=0
This will take you directly to the review...
John B. Reynolds wrote:
> The NLJ article is online: go to <http://www1.law.com/illinois/> and
> scroll down for a link.
>
> In a ruling on May 3, U.S. District Judge
> Marvin E. Aspen determined that the court
> is not bound by proceedings of an ICANN
> panel. But he indicated uncertainty about
> just how much deference the
> administrative procedures should be given.
> He stayed the federal trademark case
> pending the outcome of the ICANN
> decision and said that "at this time we
> declined to determine the precise standard
> by which we would refuse the panel's
> decision and what degree of deference (if
> any) we would give that decision. Neither
> the ICANN Policy nor its governing rules
> dictate to the court what weight should be
> given to a panel's decision."
>
> Subesequent to the court ruling, the defendant won the UDRP case, see
> <http://arbiter.wipo.int/domains/decisions/html/d2000-0187.html>.
>
> Jonathan Weinberg wrote:
> >
> > The National Law Journal headline is a little over-dramatic. What the judge said (correctly) was that if a TM owner *both* initiates a UDRP proceeding and files a cybersquatting lawsuit against a domain-name registrant, then the court hearing the cybersquatting case isn't bound by the outcome of the UDRP proceeding. Weber-Stephen Products Co. v. Armitage Hardware & Building Supply.
> >
> > At 02:00 PM 5/18/00 -0400, Dori Kornfeld wrote:
> > >>>>
> >
> > Court Curbs Power of ICANN
> > The National Law Journal
> > In the first ruling of its kind, a federal judge in Illinois said that courts are not bound by the administrative proceedings of the organization established to provide management of the Internet domain-name system, the Internet Corp. for Assigned Names and Numbers or ICANN.
> >
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Regards,
--
Jeffrey A. Williams
Spokesman INEGroup (Over 112k members strong!)
CEO/DIR. Internet Network Eng/SR. Java/CORBA Development Eng.
Information Network Eng. Group. INEG. INC.
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