Dear All,
Had been holding out for comments or approvals to be
received from many who wished time to add their support or comments. Here is the final draft. Please let me know if I have left any
important inclusion that may have reached consensus out. I plan to post this by midday EST.
Here are a few highlights of the Special Trademark Issues
working group set up by the GNSO to respond to the Board’s letter:
Registrar and Registry are vehemently against:
Post Launch IP Claims:
(Registrar and Registry are vehemently against, IPC probably
don’t want to rock the boat with Ry/Rr, NCSG want to ensure that doesn’t lead to ‘chilling
effect’ for individual registrants) – looking tough!
Domain Name Transfer
in case of successful URS by complainant:
Ry/Rr
dislike Domain Name Suspension/Block especially without fee in case of a
successful URS complaint. They
would rather just agree to a simple transfer since it doesn’t ‘mess’
with their protocols.
NCSG against Transfer – they want a mechanism where
even though a name is subject to a URS, a registrant who can demonstrate legitimate
interest should be able to get that domain name.
IPC agree to transfer but willing to agree to suspension subject
to fee based renewal by Complainant (TM holder)
URS-Mandatory?:
NCSG the only ones against making it mandatory but seem to
be open to it if the URS process incorporates more due process protections.
Sincerely,
Zahid Jamil
Barrister-at-law
Jamil & Jamil
Barristers-at-law
219-221 Central Hotel Annexe
Merewether Road, Karachi. Pakistan
Cell: +923008238230
Tel: +92 21 5680760 / 5685276 / 5655025
Fax: +92 21 5655026
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