Agreed.
I would suggest that in normal circumstances, on the balance of
probabilities, the advantage lies with ICANN.
But as I said on Bloomberg a couple of weeks ago, never underestimate
DCA's ability to pull rabbits out of hats.
Or ICANN's ability to snatch defeat from the jaws of victory.
Nigel
On 07/03/16 08:05, Ed Pascoe wrote:
I believe that ICANN have a motion to dismiss the complaint scheduled
for the 28th of this month.
I think it's going to be hard for DCA to survive that. I wonder if the
judge will award costs?
On Sat, Mar 5, 2016 at 5:14 PM, Gideon <[email protected]
<mailto:[email protected]>> wrote:
The Court ruled (March 4th 2016):
"(IN CHAMBERS) Plaintiff's Ex Parte Application for TRO (DE [20]) by
Judge R. Gary Klausner: The Court grants Plaintiff's Ex Parte
Application for TRO. Defendant is enjoined from issuing the.Africa
gTLD until the Court decides Plaintiff's Motion for Preliminary
Injunction, scheduled for hearing on April 4, 2016. (ah)
Upon review of the parties' arguments, the Court finds serious
questions going to the merits. Plaintiff has demonstrated that once
the gTLD is issued, it will be unable to obtain those rights
elsewhere. Moreover, the injury it will suffer cannot be compensated
through monetary damages. In opposition, Defendant states in
conclusory fashion only that the African governments and the ICANN
community will suffer prejudice if the delegation of the gTLD is
delayed."
Link:
https://www.prlog.org/12539064-united-states-court-has-granted-an-interim-relief-for-dca-trust-on-africa.html
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