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FIB - Scams 101 - Ye Olde Archives
Posted By: Bob Baroner In Response To: ICANN Disagrees (Sharon)
Tuesday, 18 October 2005, at 9:12 a.m.
> I respect your point of view, but I don't believe the ICANN policy reads
> that way.
> Among many factors ICANN uses in determining rights to a domain is whether
> the current domain owner shows no history of and indicated intention of
> actually using the name in commerce. If the company that files the
> challenge shows evidence of using the name in commerce, this indicates the
> challenger is using the name as their service mark (trademarking is not
> necessary) and therefore is likely entitled to use it.
Forget it. ICANN can never prove that a domain owner never had intent to develop the domain or "use" it. In fact, "use" is very broad and so is "develop". Just because I register a good domain and never develop it even if I had intent to, it does not mean that I am a crook. that is the way fascists think and ICANN is, in fact, a fascist organization. We in the US need to shun orgs like that and put them in their place.
ICANN is really a joke. An organization that was developed "on the fly". Just because they state certain things it does not mean that they can legally enforce them.
If you think that you can steal a domain from another person just because you MEANT to register it before he got o it, you will be in for a surprise. Live and learn. Move on and devote your time to more important things, like registering another domain that will get the job done just as well. Stop trying to steal cyber land from legitimate domain traders (aka cyber real estate owners) and stop calling legit domain owners as cybersquatters. You do that in the wrong place and you will find yourself in court over it.
> BTW -- you don't copyright a business name or logo, you trademark it. You
> copyright an original idea or concept, such as the tune or lyrics of a
> song.
You are concerned too much with semantics. That gets you nowhere. You know what I meant. Let's not get juvenile when we don't get the answers we want to hear.
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