Prior Use (Was: Re: "Acceptance" of money)

[Ron Fitzherbert <ron@penguin.net>]

This is getting silly!

I am **NOT** a lawyer, nor do I want to be one, and even though I'm sure
people can find plenty of them that would be glad to disagree with me --
but....

Prior use is not applicable to this discussion.

The ONLY place that prior use may be applicable is with regards to the
trademark issues that might surround the use of certain combinations of
three letters.

There may be some grounds for a claim IF someone was told by someone who
is in authority that they would receive a particular iTLD.  But, the
theory that just because an application was submitted that it counts for
something is silly.  If that is the case then I would propose that the
first recommendation to come out of the IAHC is that IANA immediately deny
all pending applications on the grounds that they are no longer directly
involved with the issuance of iTLDs.

.... "Well you see sir, they said they were going to let people build near
the lake someday, so I sent them a request for a building permit -- they
told me there'd be a delay, but since I KNEW they'd let people build there
someday I went and bought the property and built houses on the property
without a permit.  Now they're saying they're going to put a public park
there instead and I invested a lot in developing that property without
permission -- well, I did kind of have permission, one of the people told
me they were going to start approving things soon, but now they say I
have to move, its not fair..."

Flames can be mailed directly to me (where they'll be deleted), discussion
can be sent to the list.

The issue of what to do with "prior" claims is something that will be
decided by lawyers (no matter what is decided in this discussion or by the
IAHC) so can we PLEASE drop it and get to the parts that do make a
difference???

Thanks.

On Wed, 20 Nov 1996, Bob Allisat wrote:

>  Companies - even small one's
>  like mine - have thousands of
>  hours work, their reputations
>  and businesses on the line.
>  Millions of dollars have been
>  invested: also on the line. IAHC
>  has very little maneuvering
>  ground here. It is either accept
>  or flounder - hopefully not in
>  a litigial nightmare. Accept.

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