http://www.leap.com/George KirikosSo, if we modified the time limit in the manner he suggests, we have to be very careful to phrase things in such a manner as to not assume that a certain jurisdiction's time limits would actually apply. i.e. the location of the registry operator would definitely be a valid jurisdiction to bring an action against them. The preferred location of the TM holder / PDDRP complainant may or may not be a valid jurisdiction.Steve brings up (indirectly) an interesting topic, namely that there is no "mutual jurisdiction" clause to the PDDRP (21.3 only says a "court of competent jurisdiction"). If a complaint (or appeal) was brought by one side in a jurisdiction that the other side doesn't accept, how would it be resolved?Obviously it would have to be resolved by the court in which the law suit was brought (i.e as a defense to the action) and/or some other "superior" jurisdiction. [Perhaps some of the registrars, who have similar "court of competent jurisdiction" language in their registrar agreements might want to chime in......I hope that Tucows, for example, would ignore any orders from a Turkish or Iranian court for a Canadian or US-based registrant who obeys Canadian/US laws.]Sincerely,
416-588-0269On Wed, Jul 20, 2016 at 1:59 PM, Steve Levy <slevy@accentlawgroup.com> wrote:George,
I understand the foundation of your idea - that parties should not have greater rights through the PDDRP than they would in a court of law. But, by the same token, they shouldn't have lesser rights either.
As such, I suggest revising your recommendation so that any time limit for bringing a PDDRP claim would be the longer of the applicable statute of limitations for such a claim in the complainant’s or respondent's jurisdictions if such claim were to have been brought in the courts.
Regards,Steve
Steven M. Levy, Esq.
Accent Law Group, Inc.
301 Fulton St.
Philadelphia, PA 19147United States
Phone: +1-215-327-9094
Email: slevy@AccentLawGroup.comWebsite: www.AccentLawGroup.com
LinkedIn: www.linkedin.com/in/stevelevy43a/
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On 7/20/16, 1:49 PM, "gnso-rpm-wg-bounces@icann.org on behalf of George Kirikos" <gnso-rpm-wg-bounces@icann.org on behalf of icann@leap.com> wrote:
Hi folks,
I don't think this was brought up before yet in the context of thePDDRP, but perhaps it can be added to the list of topics.
It would be very odd if complainants were allowed to bring a PDDRP fora matter that was not able to be brought by them in a court of law,because it was barred by the relevant statute of limitations. I thinkamending the PDDRP to explicitly add a time limit for bringing a PDDRPwould make sense, to handle this situation. 2 years would be asuitable limit, in my opinion, and would help ensure that complaintsare brought in a timely fashion.
Thoughts?
Sincerely,
George Kirikos416-588-0269_______________________________________________gnso-rpm-wg mailing list