Re: [wg-c] I/O Design Initiates Legal Proceedings against CORE

["Kevin J. Connolly" <CONNOLLK@rspab.com>]

Dear Readers:

ICANN's involvement in this lovefest should be sharp but limited.

Reputedly, ISOC and ISI have been instrumental in establishing 
that "Internet" is not trademarkable; the same should be recognized 
as true of .web (as well as the other gTLDs that CORE is said to 
have filed trademark applications for).

It is hornbook law that a word in common usage cannot be 
appropriated as a trademark unless it is being applied to goods or 
services in an arbitrary, fanciful, non-descriptive manner.

I don't think that there is any doubt but that under principles of
US trademark law, neither IOD nor CORE has a right to appropriate
.web as a top level domain.  Exclusivity over top levels domains
must derive (if it is to exist at all) from some source other than trademark 
law.

Kevin J. Connolly

**********************************************************************
The information contained in this electronic message is confidential
and is or may be protected by the attorney-client privilege, the work
product doctrine, joint defense privileges, trade secret protections,
and/or other applicable protections from disclosure.  If the reader of
this message is not the intended recipient, you are hereby notified
that any use, dissemination, distribution or reproduction of this com-
munication is strictly prohibited.  If you have received this communi-
cation in error, please immediately notify us by calling our Help Desk
at 212-541-2000 ext.3314, or by e-mail to helpdesk@rspab.com
**********************************************************************