[gnso-rpm-wg] URS "Loser Pays" proposal vs. TTAB Manual of Procedure

George Kirikos icann at leap.com
Tue Oct 2 14:32:14 UTC 2018


Hi folks,

In addition to the past concerns expressed re: identity theft, and how
it can lead to a denial of service attack if a loser pays policy was
adopted for the URS:

https://mm.icann.org/pipermail/gnso-rpm-wg/2018-September/003291.html

I did some additional research today on the United States TTAB
procedures, and found this:

https://tmep.uspto.gov/RDMS/TBMP/current#/current/sec-6f6dfee8-51e8-40b5-bc26-3068dffd4dcf.html

"Trademark Trial and Appeal Board Manual of Procedure
2018-06

502.05    Attorneys’ Fees, etc., on Motions

The Board will not hold any person in contempt, or award attorneys’
fees, other expenses, or damages to any party. [ Note 1.]

NOTES:

 1.   37 C.F.R. § 2.127(f); NSM Resources Corp. v. Microsoft Corp.,
113 USPQ2d 1029, 1035 n.10 (TTAB 2014) (Board cannot assess monetary
damage awards); General Mills Inc. v. Fage Dairy Processing Industries
SA, 100 USPQ2d 1584, 1591 (TTAB 2011) (no authority to determine
damages), judgment set aside on other grounds, 110 USPQ2d 1679 (TTAB
2014) (non-precedential); Kairos Institute of Sound Healing, LLC v.
Doolittle Gardens, LLC, 88 USPQ2d 1541, 1544 n.6 (2008); Central
Manufacturing Inc. v. Third Millennium Technology Inc., 61 USPQ2d
1210, 1213 (TTAB 2001) ("although the Board does not impose monetary
sanctions or award attorneys’ fees or other expenses, the Board has
the authority to enter other appropriate sanctions"); Duke University
v. Haggar Clothing Co., 54 USPQ2d 1443, 1445 n.3 (TTAB 2000). See also
37 C.F.R. § 2.120(g)  and 37 C.F.R. § 2.120(h)(1). Note, however, that
conduct in violation of the Disciplinary Rules set forth in 37 C.F.R.
Part 11 may be referred to the Office of Enrollment and Discipline
(OED) for appropriate action. See 37 C.F.R. § 11.19  et seq."

So, what is being proposed in regards to "loser pays" doesn't appear
to exist in the US TTAB procedures.

Sincerely,

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


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