Re: debian domains
We've been over this many times but just to be sure. Understand that sending a
cease and desist can lead to litigation. One move from an opposing party
would be to file suit in their location to establish jurisdiction that favors
them. If we fail to answer that lawsuit we may be subject to a summary
judgement and an award of damages. Answering the lawsuit might require us
putting legal staff on the ground in someplace other than New York.
Understanding all of these things let's just make sure we go into these
disputes with our eyes open. We either need to start being a *lot* more
assertive about how the mark is enforced or a *lot* less assertive. Having a
half-baked position is just going to lead to a position that is difficult to
defend.
I am not a lawyer but this was my lawyer's opinion at the time I was involved
in SPI.
On Friday 01 April 2005 02:35 pm, Jimmy Kaplowitz wrote:
> On Fri, Apr 01, 2005 at 10:46:25AM -0600, John Goerzen wrote:
> > I don't really know myself what the procedures are, but I'm CCing the
> > trademark list on this for their feedback.
>
> I am not a trademark lawyer or otherwise especially knowledgeable, but
> I'd imagine that a C&D followed if necessary by an ICANN UDRP proceeding
> would be the way to go. I await the trademark committee's input.
--
Ean Schuessler, CTO
Brainfood, Inc.
http://www.brainfood.com
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