[Tmch-iag] T1, T2 comments

[John McElwaine]

To clarify the record, I have one revision to my below comment:  I
should have stated option 1 and not option 2  in the comment on T1
below.  Thanks to Tom Barrett for picking up on this inconsistency.
Best,

 

John

 

From: John McElwaine 
Sent: Tuesday, January 10, 2012 9:23 PM
To: 'tmch-iag at icann.org'
Subject: T1, T2 comments

 

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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