Productions with final observations on the Appeal
Declaration by Marco Dieleman, concerning the Dell-Tychon appeal, case number 2006/0937
Dieleman internetdiensten, Kapoenstraat 13 6211 KV, Maastricht
The undersigned, M. Dieleman, declares the following concerning the specific operation and actual use of the .E mark as the marking method for the internet Ď.E-marking-systemí during the relevant period 11.02.200-12.02.2005:
Around 1200 domain names corresponding with the somewhat incomplete lists of "exhibit 45" were registered by the following ICANN accredited registrars in the period 11.02.2000 - 13.10.2000 for the rights holder (administrative contact) Mr. S.G.M. Tychon B Sc.
A number of these domain names have been offered for sale on Tychonís website, dot-E.net, under the .E mark since 25.04.2000. When clicked on by interested parties, the selections would appear one at a time in a pop-up window below the image of the .E mark in the static section (grey on the screenshot), to the left of the black, vertically moving 'wave' with names. So the .E mark was applied separately as each domain name was clicked on and actually exploited in this way.
Furthermore, I verify that the attached screenshot from '19 June 2002' / Lovells > OAMI 13/03 '03 Fax: +34 96 5144303, that is centred on dellaware.com (registered on 31.07.2000 with Namelt.net) is a 'snapshot' of the whole series with vertically moving domain names - a freeze-frame so to speak.
Offers, made by means of the pop-up window, were immediately delivered to my email address email@example.com via domains@dot-E.net for processing and administrative settlement in consultation with rights holder Tychon. This was also the case with the offer of 4000 DM from Stefan Schuster, director of business development at kabel.com for Tychon's domain www.EUtrax.com that arrived within a week of it being placed: registered on 29.05.200 and first offer as earlier as 09.06.2000!
A lot of the '.E system' related 'dot-E' domains are given on pages 6 and 7 of 24 of part (B) "domain names per registrant" (this should read registrar). On page 1 of 24 is EUtrax.com, registered with DirectNic.com from 29.05.2000. All these names were thought up by Tychon, submitted to me for registration and settled by him. So he was also the owner of the intellectual property behind this.
The offer from kabel.com, which isnít a small company, shows that just displaying a mark on a site with related domain names can actually be an activity that can generate or find turnover just like that Ė by using advanced search engines Ė and that this can even be within a week of coming up with an idea, concept or elaboration, without mailshots or other advertising, as above, if you just know how .E works! "You only see it once you get it" as J. Cruijff rightly said!
However, I regularly pointed out to Tychon that there were a lot too many names and that, with the exception of good strategic names such as greatmarks.com, they had little point and I repeatedly advised him to concentrate on the 'dot-E' method and its further development.
I donít see how Tychon acted in bad faith and frustrated Dell when he had all those names and their registrations in China and the United States; this indicates a completely different intention, certainly for a start-up entrepreneur.
I canít make any sense of the dot.e-world notation, which is used by Selale Dogan as in the attached email of 06 March 2007, who I donít know, other than total internet confusion. The .E mark translates into dot-E with domain dot-E.net and dot-E world as business designation.
I am of the opinion that the '.E-system' as it has been developed by Tychon constitutes an authentic first claim that only needed a little more than three months to go from idea to first result and being able to compete as a mature market party for a serious market share (kabel.com offer) with the potential of maintaining this and in so doing it completely fulfils the commercial reason for its existence.
The improved version of dot-E.net by Oscar Fischer logically shows the alphabetical/ numerical start of the whole list of domain names under consideration. Taking out a licence for the .E mark was a logical option for a lot of the names anyway.
I have never heard of Prof T.M. Kolle LL M or A.S. Dogan LL M (see above).
The subdomain with virtualave.net (xtrella) was thought of by Tychon and delivered to Oscar Fischer by him. In hindsight, 'dot-E' would of course have been better.
Without the domain name I canít find the different offer from an Israeli high-tech company in my administration.
I registered the last domain name for Tychon on 13.10.2000.
dot-E.net was hosted for free by www.virtualave.net until around the beginning of 2004, while the last domain name that Tychon was the legitimate owner of expired on 13.10.2001 after which all names became available to third parties again, whether they were still on the website or not.
The business relationship with Tychon ended on 01.04.2001 due to differences in understanding and the matter was later taken over by Dennis Huurdeman from Qliq.it internet technologies in Heerlen.
I have had no further contact with Tychon since then apart from last year (2007) with Bram Stoeken from the ĎKloet en van de Merwe architektení bureau in Delft and providing additional evidence (offer from kabel.com). Recently, Marc Hendriks M Sc also showed up at the door and was given a printed copy of the improved version of dot-E.net by Oscar Fischer.
25.02.2000 : registration of idea 09.06.2000: offer kabel.com
FURTHER EVIDENCE concerning earlier submission after breach of trust between client-lawyer
Concerning the first offer at the very beginning of the relevant period 11.02.2000 - 12.02.2005, for the domain name .Eutrax.com by the global player kabel.com via dot-E.net (rights holder Mr. S.G.M. Tychon B Sc): linked for free to http://xtrella.virtualave.net as service provider.
Locating the foundation stone was central and provided fundamental new evidence regarding the specific operation and actual use of the .E system and is the first evidence of the commercial reason for existence and tenet concerning the authentic first claim, the .E business model.
The beginning of the new direction was started using the legal precision of the external expert appraisal by the kloet en van de merwe architecten bureau in Delft, by Bram Stoeken B Sc under the supervision of P.W.L. Kloet B Sc and taken over mid September '08 by Mr. Marc Hendriks and Michel van der Maesen de Sombreff Esq. of Maastricht. Maastricht is also the registered office of Marco Dieleman of Dieleman internetdiensten, the former business partner of Tychon, who on Tychonís instructions registered his 1300 domain names and was also responsible for the business administration and dealing with content after consultation with rights holder Tychon. This was also the same for the offer for .Eutrax.com made by Stefan Schuster, director of business development of kabel.com on 09.06.2000, barely 4 months after registration of the .E mark and www.dot-E.net handled via the email address domains@dot-E.net, and directly linked through to firstname.lastname@example.org at that time.
The authentic first claim for the .E system by Tychon worked as intended without alteration and, together with the strategic extension, unambiguously established the standard classifications of the .E mark. To summarise: mergers, internet, company strategies and developing and implementing computer software, in combination with granting licences and internet services linked to telecommunications. A few things in the classes 35, 38 and 42.
Email correspondence from 23 January 2008 shows that M. Dieleman continued to refuse to be fully transparent in the matter or to open his administrative books with a view to providing conclusive proof regarding the relationship within the system of practices.
Due to legal confusion caused by the lack of an overview and insight, combined with communication and representation failings in the client-layer relationship, the independent investigation into the relevant period only came about at the last moment after the transfer to P.W.L. Kloet B Sc on 25.05.2007, and is still incomplete due to obstruction. I therefore request, esteemed college, with the possibility of an interlocutory order, that you provide such evidence including any questioning of witnesses and/or experts.
S.G.M. Tychon B Sc
DECLARATION BY OSCAR FISCHER CONCERNING OPERATION AND USE OF THE .E MARK
For the purpose of the national proceedings on the merits of Dell-Tychon, I, Oscar Fischer, the undersigned, declare as follows:
At the request of S.G.M. Tychon, I, as programmer, wrote the software for the rather complex dot-E.net website mid 2001. I did this without further interference from Tychon, so completely in response to Tychonís initial instructions concerning the operation and layout. He had indicated that he knew nothing concerning the implementation of higher technology.
Approximately 1500 domain names had to be offered for sale and these would run in a wave motion alongside Tychonís .E mark. After clicking, the names were spotlighted so that an offer could be made and a licence possibly obtained on the .E mark for the relevant names. In fact the .E mark was presented 1500 times, this corresponds with potential use of the mark 1500 times. How the .E mark works with the dot-E transcription as a Language/Symbol combination and/or word marker tool was clear to me.
Furthermore, I understand that the link to taking out a licence was an implicit possibility that was at the heart of the strategic model or business method of the word marker .E, with domains including dot-Ebank.com and dot-Ebusiness.com as the website and business base for future licence holders with the respective word markers .Ebank and .Ebusiness.
I asked Tychon for a name for the subdomain in order to activate the website dot-E.net utilising the free Web Hostinq service offered by the Virtualave.net company. In response he thought up the new name xtrella, which isnít a domain name. So his main portal, dot-E.net, was, when visited, immediately and automatically linked to xtrella.Virtualave.net.
This technically complex website with its very long, vertical scrollbar with a wave motion, presented the fixed .E mark separately every time a domain name was clicked on. The fact that interested parties were automatically directed to dot-E.net via search engines and smart links was proven by the offer for www.Eutrax.com where the .E mark is clearly visible in the domain name and the word mark .Eutrax is implicitly established as a distinctive mark. Nota bene Dell maintains that it was directed to the domain names via dot-E.com! See 'exhibit T3'.
'Exhibit 45' is a screenshot of the website that I built for Tychon which I recognise as the product of my labour and I note that I am not surprised concerning the confusion surrounding how this works Ė as it has been explained to me by Tychon now.
At Tychonís request I searched for old files of the software in question, but unfortunately I wasnít able to find them again. I understand that the Virtualave.net company also disposes of files 50 weeks after last use. It is possible that there are agencies or companies such as www.archive.org, that file everything that is published on the internet. So it may still be possible to retrieve dot-E.net for the relevant period.
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