[gnso-rpm-wg] PDDRP topics -- limitation period to bring a PDDRP

Reuter, Renee M Renee.M.Reuter at ehi.com
Wed Jul 20 18:12:25 UTC 2016


If a time statute of limitation is added, I would recommend the time toll from the time that the complainant learned about the problematic registration rather than tolling from the date of the registration.  An domain may not be a problem if it is not put in use.  Having the statute of limitation tolling from the time of the registration puts a trademark owner at an unfair advantage, and could encourage domain owners to hold onto a domain for a period of time before putting it to abusive use.

Sincerely,


[Description: c://CSE/Signature/images/EHI_3c_Pos.gif]<http://www.enterpriseholdings.com/>



Renee Reuter

Intellectual Property Counsel
Legal Department

314-512-3234





From: gnso-rpm-wg-bounces at icann.org [mailto:gnso-rpm-wg-bounces at icann.org] On Behalf Of Steve Levy
Sent: Wednesday, July 20, 2016 12:59 PM
To: George Kirikos; gnso-rpm-wg at icann.org
Subject: Re: [gnso-rpm-wg] PDDRP topics -- limitation period to bring a PDDRP

George,

I understand the foundation of your idea - that parties should not have greater rights through the PDDRP than they would in a court of law.  But, by the same token, they shouldn't have lesser rights either.

As such, I suggest revising your recommendation so that any time limit for bringing a PDDRP claim would be the longer of the applicable statute of limitations for such a claim in the complainant's or respondent's  jurisdictions if such claim were to have been brought in the courts.

Regards,
Steve


[cid:image002.png at 01D1E288.5A7E95D0]

Steven M. Levy, Esq.

Accent Law Group, Inc.
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Philadelphia, PA 19147

United States

Phone: +1-215-327-9094
Email: slevy at AccentLawGroup.com<mailto:slevy at accentlawgroup.com>

Website: www.AccentLawGroup.com<http://www.accentlawgroup.com/>

LinkedIn: www.linkedin.com/in/stevelevy43a/<http://www.linkedin.com/in/stevelevy43a/>
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On 7/20/16, 1:49 PM, "gnso-rpm-wg-bounces at icann.org<mailto:gnso-rpm-wg-bounces at icann.org> on behalf of George Kirikos" <gnso-rpm-wg-bounces at icann.org<mailto:gnso-rpm-wg-bounces at icann.org> on behalf of icann at leap.com<mailto:icann at leap.com>> wrote:

Hi folks,

I don't think this was brought up before yet in the context of the
PDDRP, but perhaps it can be added to the list of topics.

It would be very odd if complainants were allowed to bring a PDDRP for
a matter that was not able to be brought by them in a court of law,
because it was barred by the relevant statute of limitations. I think
amending the PDDRP to explicitly add a time limit for bringing a PDDRP
would make sense, to handle this situation. 2 years would be a
suitable limit, in my opinion, and would help ensure that complaints
are brought in a timely fashion.

Thoughts?

Sincerely,

George Kirikos
416-588-0269
http://www.leap.com/
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