If a time statute of limitation is added, I would recommend the time toll from the time that the complainant learned about the problematic registration rather than tolling from the date of the registration. An domain may not be a problem if it is not put in use. Having the statute of limitation tolling from the time of the registration puts a trademark owner at an unfair advantage, and could encourage domain owners to hold onto a domain for a period of time before putting it to abusive use. Sincerely, [Description: c://CSE/Signature/images/EHI_3c_Pos.gif]<http://www.enterpriseholdings.com/> Renee Reuter Intellectual Property Counsel Legal Department 314-512-3234 From: gnso-rpm-wg-bounces@icann.org [mailto:gnso-rpm-wg-bounces@icann.org] On Behalf Of Steve Levy Sent: Wednesday, July 20, 2016 12:59 PM To: George Kirikos; gnso-rpm-wg@icann.org Subject: Re: [gnso-rpm-wg] PDDRP topics -- limitation period to bring a PDDRP 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 [cid:image002.png@01D1E288.5A7E95D0] Steven M. Levy, Esq. Accent Law Group, Inc. 301 Fulton St. Philadelphia, PA 19147 United States Phone: +1-215-327-9094 Email: slevy@AccentLawGroup.com<mailto:slevy@accentlawgroup.com> Website: www.AccentLawGroup.com<http://www.accentlawgroup.com/> LinkedIn: www.linkedin.com/in/stevelevy43a/<http://www.linkedin.com/in/stevelevy43a/> ________________________________________ Notice: This communication, including attachments, may contain information that is confidential and protected by the attorney/client or other privileges. It constitutes non-public information intended to be conveyed only to the designated recipient(s). If the reader or recipient of this communication is not the intended recipient, an employee or agent of the intended recipient who is responsible for delivering it to the intended recipient, or you believe that you have received this communication in error, please notify the sender immediately by return e-mail and promptly delete this e-mail, including attachments without reading or saving them in any manner. The unauthorized use, dissemination, distribution, or reproduction of this e-mail, including attachments, is prohibited and may be unlawful. Receipt by anyone other than the intended recipient(s) is not a waiver of any attorney/client or other privilege. On 7/20/16, 1:49 PM, "gnso-rpm-wg-bounces@icann.org<mailto:gnso-rpm-wg-bounces@icann.org> on behalf of George Kirikos" <gnso-rpm-wg-bounces@icann.org<mailto:gnso-rpm-wg-bounces@icann.org> on behalf of icann@leap.com<mailto:icann@leap.com>> wrote: Hi folks, I don't think this was brought up before yet in the context of the PDDRP, but perhaps it can be added to the list of topics. It would be very odd if complainants were allowed to bring a PDDRP for a 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 think amending the PDDRP to explicitly add a time limit for bringing a PDDRP would make sense, to handle this situation. 2 years would be a suitable limit, in my opinion, and would help ensure that complaints are brought in a timely fashion. Thoughts? Sincerely, George Kirikos 416-588-0269 http://www.leap.com/ _______________________________________________ gnso-rpm-wg mailing list gnso-rpm-wg@icann.org<mailto:gnso-rpm-wg@icann.org> https://mm.icann.org/mailman/listinfo/gnso-rpm-wg ________________________________ CONFIDENTIALITY NOTICE: This e-mail and any files transmitted with it are intended solely for the use of the individual or entity to whom they are addressed and may contain confidential and privileged information protected by law. If you received this e-mail in error, any review, use, dissemination, distribution, or copying of the e-mail is strictly prohibited. Please notify the sender immediately by return e-mail and delete all copies from your system.
