[Tmch-iag] Keith Barritt comments re 23 Feb IAG calls

[Keith Barritt]

Apologies to all for the late comments, and for my upcoming absence on today's/tonight's call.  I did have a few issues to raise.


1)      Penalty for submission of fraudulent data to TMC(H):

I agree there needs to be deterrence of fraudulent submissions.  However, I believe a "lifetime" ban may be an extreme remedy for any bad actions, as we may be living with the TMC for a long time, and one bad actor at a company could cause an extreme hardship.  Perhaps bans should come in 5 year "chunks" for the deliberate (non-negligent) and repeated submission of material fraudulent information.  A lesser penalty could apply if only one such fraudulent submission is made.


2)      Time Frame for Revalidation of Data

I agree that proof of use, etc. could be revalidated when the underlying trademark registration is renewed and a new expiration date is provided to the TMC.


3)      Sunrise Challenge based on Non-Use

I agree lack of bona-fide use (at the time the Sunrise application was filed) should be a basis for challenging a Sunrise registration.  This will alleviate the burden on the TMC from needing to carefully scrutinize all claims of use, many of which may never be relied upon for a Sunrise registration.


4)      Sunrise Challenge based on "Incorrect" Information

It has been suggested that a Sunrise challenge could be brought if the registration request was in some way "incorrect, misleading, or fraudulent" information.  I believe that "incorrect" is too broad, as this could apply to innocent typos in an applicant's address, etc.  However, I agree that a "catch-all" provision makes sense to allow challenges to be based on "fraudulent" information that led to the award of a domain name the applicant was not entitled.

Keith Barritt
Fish & Richardson P.C.
1425 K Street, N.W.
Washington, DC  20005


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