[ga] Re: FC: Update on Texas mall critic's fight to keep Taubmansucks.com

[Jeff Williams <jwkckid1@ix.netcom.com>]

Declan, Hank, John and all other interested parties,

  This is something that is being discussed also on ICANN's DNSO GA
forum again of late.  Your comments and observations here John
are a good note by which to take notice.

  Indeed I found your comment below regarding the difference between
a Domain Name and a Trade Name or TM to be of particular consideration
that seem to be unfortunately not shared with organizations such as WIPO
and ICANN's BoD and Staff, as well as a ICANN generated Task Force
considering this amongst other DN related issues as they relate to
Trade Marks and Trade Names..  This particular comment of yours
John has been one that INEGroup, for which I have been the spokesman
for for sometime now, also shares and has argued for a number of years
now on various forums discussing and debating this amongst other
DN related issues.
For DNSO GA archives see: http://www.dnso.org/archives.html
For DNS Whois archives see:
http://www.dnso.org/dnso/dnsocomments/comments-whois/Arc02/

  It is also interesting that the ACLU had filed an amicus brief
back in May of this year (2002) that was quite helpful to Hank's
unfortunate plight.  See: http://www.aclu.org/court/taubman_amicus.pdf


Declan McCullagh wrote:

> Forwarded from another list... Politech archive on this case:
> http://www.politechbot.com/cgi-bin/politech.cgi?name=mishkoff
>
> ---
>
> From: "Gregory, John D. (JUS)" <John.D.Gregory@JUS.GOV.ON.CA>
> Date:         Fri, 29 Nov 2002 09:16:07 -0500
>
> A few days ago on this list there was a discussion of the plight of Howard
> Mishkoff, who put up a fan site for a shopping center and is being legally
> pursued by the owners of the center.
>
> His expert witness did a lovely job of explaining what a web site was - and
> how it is NOT a trade name, but only an indication of what is going on at
> the site, in many different ways.  Quoting from the earlier posting:
>
> He has posted the report of his expert witness, Milton Mueller, at
> http://www.taubmansucks.com/Act108.html.
>
> For a trademark action, there has to be confusion among possible customers,
> or (in the US only) "dilution" of a famous name.  One imagines IntelCenter
> would have a good defence, though whether they have the money or inclination
> to run it against a very rich abusive complainant is a different question.
>
> For an action about web names, Professor Mueller's arguments are pretty
> strong.
>
> John G
>
> John D. Gregory
> General Counsel, Policy Branch                 OPINIONS ARE
> Ministry of the Attorney General (Ontario)    PERSONAL
> 720 Bay Street
> NOT
> Toronto ON Canada M5G 2K1                                      OFFICIAL
> (416) 326-2503   fax (416) 326-2699
> john.d.gregory@jus.gov.on.ca
>
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Regards,

--
Jeffrey A. Williams
Spokesman for INEGroup - (Over 127k members/stakeholders strong!)
CEO/DIR. Internet Network Eng/SR. Java/CORBA Development Eng.
Information Network Eng. Group. INEG. INC.
E-Mail jwkckid1@ix.netcom.com
Contact Number: 214-244-4827 or 972-244-3801
Address: 5 East Kirkwood Blvd. Grapevine Texas 75208


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