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,

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

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

Website: 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 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/

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