[Tmch-iag] FW: ICANN Trademark Clearinghouse IAG P3 and P5

[Karen Lentz]

Forwarding to the list

From: Stacey King (RIC-GB) [mailto:stacey.king at richemont-ip.com]
Sent: Tuesday, December 13, 2011 4:57 PM
To: tmch-iag-bounces at icann.org
Subject: ICANN Trademark Clearinghouse IAG P3 and P5

Dear Trademark Clearinghouse IAG,

First, with apologies for missing the last two calls and, unfortunately, most likely this Friday's call (I will be on a plane).  I have, however, been following the discussion and the transcripts from the calls.  This is true not only for the points mentioned by Brian, but also to prevent the need for too many parties to be involved in the process where it is not necessary for the function.  Perhaps most pressing, however, is the need to ensure that much of the data trademark owners submit to the Clearinghouse remains private to the owner and, to the degree necessary purely to complete a registration (or notify of problematic registrations as the case may be), the clearinghouse with as few intermediaries in the chain as possible.  Not only will registry operators be potential competitors who could gain insight into a brand owner's registration strategy, but there are concerns that the data might be misused for commercial purposes by others.   So I too would recommend Approach (2).

As for P5, the same would hold true.  Registrars will be the entities with the direct relationship with the registrants.  As a result, they can most quickly obtain information needed to perform the check efficiently and, hopefully, economically.  It does not make sense, once again, for a third party to be involved in this relationship if it is not needed.  Again, there are concerns about the transmittal of information and it is true that a registrar may also be a registry.  However there should be proper safeguards in place to ensure that only the requisite information needed for a particular registration to move ahead (or not) be provided to the registrar by the clearinghouse and no need for a registry to intercede.  So, again, I recommend Approach (2).


Best
Stacey King

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