[Tmch-iag] T1, T2 comments

[:Matt]

Sent from my Verizon Wireless Sony Ericsson Xperia™ PLAY.

John McElwaine <john.mcelwaine at nelsonmullins.com> wrote:

>Dear IAG,
>
> 
>
>Below are my brief comments on T1 and T2.
>
> 
>
>T1 - Implementation Data Locations
>
> 
>
>I would be in favor of option 2, as it provides the highest level of
>security for the trademark clearinghouse data.  Moreover, as pointed out
>in the discussion document, this would also protect the integrity of the
>information.  Although trademark registration data is not constantly
>changing, it is not unusual for contact information to change, for
>trademark ownership to be assigned or for marks to be surrendered, not
>renewed or otherwise expire. 
>
> 
>
>I likewise agree with Brian Winterfeldt, that if for technical reasons
>there must be some amount of mirrored data sites, that such data should
>be limited to only a list of the marks themselves and that other data
>related to TMCH records should be maintained exclusively at the TMCH.
>
> 
>
>T2 - Implementation Data Access
>
> 
>
>I believe that I need some additional clarification on the Description
>of Data Use and on the different Classes of Data to fully comment.
>However, in general, I would support the Class of Data for Trademarks
>limited to Restricted access level.   Access to Mark Holder Data should
>be limited Partners.  Depending upon the finalized process for
>performing trademark claims and implementing sunrise processes, the
>definition of Partners should likely be limited to registries or
>registrars, and possibly, their designees.   I would expect that Domain
>Registrant Contact Information should be governed by applicable WHOIS
>requirements.
>
> 
>
>Best regards,
>
> 
>
>John
>
> 
>
> 
>
>John C. McElwaine
>
>Partner
>john.mcelwaine at nelsonmullins.com
>
>Nelson Mullins Riley & Scarborough LLP
>
>Liberty Center, Suite 600
>151 Meeting Street, Charleston, SC 29401-2239
>Tel: 843.720.4302 Fax: 843.722.8700 
>
>101 Constitution Avenue, NW, Suite 900
>Washington, DC 20001
>Tel: 202.545.2939 Fax: 202.712.2862 
>
>www.nelsonmullins.com
>(View Bio
><http://www.nelsonmullins.com/attorney/charleston/john-mcelwaine> )
>
>
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