[AfrICANN-discuss] ​Finally on .Africa

[Nigel Roberts]

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 <gideonrop at gmail.com
> <mailto:gideonrop at gmail.com>> 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
>
>
>
>
>
>
> _______________________________________________
> AfrICANN mailing list
> AfrICANN at afrinic.net
> https://lists.afrinic.net/mailman/listinfo/africann
>