[Tmch-iag] Trademark Clearinghouse IAG - Issue T1

Wed Jan 25 06:29:48 UTC 2012

Agreed.  The Clearinghouse, or any substantial part of it, should only be
mirrored in a finite number of places, solely for purposes of bandwidth and
redundancy.  Queries can be made against any of the mirrored databases in
real time, as needed.  Is someone making an argument for more than this?

Mike Rodenbaugh

RODENBAUGH LAW

tel/fax: +1.415.738.8087

 <http://rodenbaugh.com> http://rodenbaugh.com 

From: tmch-iag-bounces at icann.org [mailto:tmch-iag-bounces at icann.org] On
Behalf Of Keith Barritt
Sent: Tuesday, January 24, 2012 4:30 PM
To: 'Trachtenberg, Marc H.'; Winterfeldt, Brian; tmch-iag at icann.org
Subject: Re: [Tmch-iag] Trademark Clearinghouse IAG - Issue T1

I also concur with Brian's well-articulated reasoning.

Keith Barritt

Description: Description: Description:
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ogo.bmpFish & Richardson P.C.

1425 K Street N.W.

Suite 1100

Washington, DC  20005

Phone:  (202) 626-6433

Fax:      (202) 783-2331

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From: tmch-iag-bounces at icann.org [mailto:tmch-iag-bounces at icann.org] On
Behalf Of Trachtenberg, Marc H.
Sent: Tuesday, January 24, 2012 6:24 PM
To: Winterfeldt, Brian; tmch-iag at icann.org
Subject: Re: [Tmch-iag] Trademark Clearinghouse IAG - Issue T1

I agree fully with Brian's comments.

Best regards,

Marc H. Trachtenberg 

Winston & Strawn LLP
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Chicago, IL 60601-9703

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From: tmch-iag-bounces at icann.org [mailto:tmch-iag-bounces at icann.org] On
Behalf Of Winterfeldt, Brian
Sent: Tuesday, January 24, 2012 2:22 PM
To: tmch-iag at icann.org
Subject: [Tmch-iag] Trademark Clearinghouse IAG - Issue T1

Dear Trademark Clearinghouse IAG,

In response to recent comments on the T1 Issue, I continue to have
reservations against having the Trademark Clearinghouse supply of all of the
listed trademarks and their full information to registries and registrars in
bulk.  While we fully acknowledge that trademark claims notices will provide
information about a specific mark and so will become somewhat public, the
receiver of this information (here, the prospective domain name registrant)
will be limited, as will the information provided (i.e., not all listed
marks).  Moreover, most .BRAND registries will not likely have many
third-party claims notices to send.  Accordingly, there again is no need for
registries and registrars to receive trademark owners' entire trademark
portfolios collected and compiled in one place.

To reiterate, intellectual property owners are concerned that their
competitor registries and registrars will obtain their entire trademark
portfolios with the ability to quickly and easily sift through this
information to easily discern the holder's brand protection strategy for its
marks in not only a comprehensive way, but on a more specific
jurisdiction-by-jurisdiction and even a mark-by-mark basis.  This could
potentially jeopardize a trademark holder's entire portfolio.  We understand
that the registries believe that they can implement tracking metrics such as
those currently in use with WHOIS lookup to determine if registrants are
attempting to mine Clearinghouse data to gain a competitive advantage, but
we still feel the brand protection risks far outweigh any gains in adopting
such a measure.  Without a demonstrable need for registries and registrars
to obtain all of this information, I again recommend that full trademark
information should remain at the Clearinghouse, with information provided on
a limited, need-to-know basis, namely, full trademark information about the
mark at issue to potential domain name registrants who attempt to register
an exact match, and only a yes or no answer to a registrar or registry in
response to an exact match query.

Thank you,

Brian

Brian J. Winterfeldt, Esq.
Steptoe & Johnson LLP
1330 Connecticut Avenue, NW
Washington, DC 20036
TEL 202.429.6260 | FAX 202.261.7547 

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