[Gnso-rpm-sunrise] Sunrise Dispute Resolution Policies

[Kathy Kleiman]

Hi All,

I promised to write something up on the Sunrise Dispute Resolution 
Policy to help make it something the challenger -- which can include a 
trademark owner, company or organization -- might use.

Best, Kathy

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*Individual Proposal #2 and my proposal – largely an operational fix*

*Purpose: For making the mandatory sunrise dispute resolution policies 
fully usable and ensure that challengers have access to the information 
needed to bring a legitimate challenge.*

*Registries have the right to limit Sunrise periods by date of 
registration (e.g., no registrations only 2 days old – I think in Round 
1 trademark registrations had to be at least 2 years old) and by 
categories of goods and services. Challengers have the right to show 
that the Sunrise Period was misused for registration that do not belong. *

*Challengers may be trademark owners themselves, organizations or others 
with direct interest in that top level domain (e.g., it may be a 
noncommercial top level domain). As noted in Individual Proposal #2 – 
The Sunrise Dispute Resolution Policies were premised on the openness 
off the TMCH database and the ability to review and then challenge 
trademark**owners who misuse the Sunrise. SDRPs cannot serve the purpose 
for which they were created if third parties cannot review the TMCH 
entries (as original rules allowed)*

*To bring a Sunrise Challenge, you need to be able to know the 
information registered in the TMCH – just for that particular mark – 
including country of registration, registration number, registration 
date, description of good and services – or a mark protected by statute 
or treaty and in what country.*

*Accordingly, a surgical change seems warranted. Allow a party 
associated with a business, organization or individual having the same 
or similar name to the domain name registered during the Sunrise Period 
[or an association or organization representing its members or 
affiliates which include that business, organization or individual with 
the same or similar name], or someone with strong proof of inaccuracy 
during Sunrise registrations, to bring to the Trademark Clearinghouse a 
request for data of a single, specific mark.*

*The submission shall state the mark in question, the registration 
domain name involved, and a good faith reason why the domain name may 
not have been entitled to registration during the Sunrise Period. The 
Clearinghouse will then provide the mark's (or marks') recordals 
including: country of registration, registration number, registration 
date, description of good and services, or basis of the mark(s) being 
protected by statute or treaty/country. *

*The TMCH will provided this information within a short period of time, 
e.g., 3 business days, to allow the filer to proceed forward with a 
Sunrise Challenge if warranted (as this is a tight timeline).*

*Please reference Individual Proposal #2 for additional fields. *



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