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[gnso-sti] Non-verified marks

  • To: GNSO STI <gnso-sti@xxxxxxxxx>
  • Subject: [gnso-sti] Non-verified marks
  • From: Alan Greenberg <alan.greenberg@xxxxxxxxx>
  • Date: Fri, 04 Dec 2009 00:09:46 -0500


I went to the IRT report to see how it treated the issue of marks from jurisdictions that do not do any checking (for want of a better term).

Since the only language regarding sunrise is that, among other things, the trademarks can be pulled by the registry, this seems to imply that the registry can pull whatever marks it wishes, and is not bound to use ALL of the TMs in the core database. There is no restriction mentioned that such selectivity must be only based on the class of service or on the charter of the registry. Can we not be as silent on this as seemingly was the IRT report, and let registries use the data however they wish.

I presume that this corresponds to how registries have performed sunrises without the clearinghouse, specifically deciding for them selves what types of marks to allow or disallow. Has anyone been sued over such selectivity to date?

Alan





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