ICANN's Trademark Clearinghouse Strawman Solution and Limited Preventative Registrations Proposal - HSBC Comments

[martinsutton@xxxxxxxx]

ICANN's Trademark Clearinghouse Strawman Solution and Limited Preventative 
Registrations Proposal - HSBC Comments 

Dear Sir/Madam, 

HSBC is one of the largest financial institutions in the world. We serve 
around 60 million customers through our four global businesses: Retail 
Banking and Wealth Management, Commercial Banking, Global Banking and 
Markets, and Global Private Banking. Our network covers 84 countries and 
territories in Europe, the Asia-Pacific region, the Middle East, Africa, 
North America and Latin America. 

HSBC regards the Limited Preventative Registration (LPR) proposal as a 
priority requirement which needs to be in place prior to the launch of new 
gTLDs. The LPR proposal would provide trademark owners with a tool to help 
prevent second-level registration of their marks across all registries, 
upon payment of a reasonable fee, with appropriate safeguards for 
registrants with a legitimate right or interest.  In the absence of LPR, 
or something similar, the adverse consequences of cybersquatting and 
malicious use will extend far wider to registrants and Internet users, and 
will further increase the burden upon businesses, organisations, law 
enforcement and governments to resolve these problems at considerable 
cost, not only financially but also in respect of any harm afflicted. The 
LPR proposal will have some impact on ICANN's contracted parties but the 
adverse consequences could be contained and controlled effectively within 
ICANN and its associated parties (registries and registrars), in support 
of public interest. 

The 'Strawman Solution' is also welcomed by HSBC and we support ICANN's 
view that the solution is consistent with GNSO policy advice concerning 
protection of the legal rights of others, such as trademarks.   

Overall, the Strawman Solution' provides some enhancements to the existing 
Rights Protection Mechanisms within the current AGB but we offer the 
following comments relating to specific elements of the solution: 
The Sunrise Notice Period of 30 days is insufficient when considering the 
unexpected high volume of new gTLDs, which could see 20 launches per week 
over an extended period of time. We believe 60 days notice would be 
reasonable.   The publication of Sunrise Notices should also be centrally 
co-ordinated by ICANN. 
The extension of Trademark Claims from 60 to 90 days is welcomed but 
remains ineffective. Trademark Claims should be extended indefinitely, or 
at least until ICANN has undertaken its independent evaluation of RPMs 
post-launch of new gTLDs, to properly assess their effectiveness. 
The Trademark 'Claims 2' Service, in its current form, offers no utility 
for HSBC and I refer you back to our last comment on Trademark Claims. 
We support the extension of Trademark Claims to include up to 50 
previously-abused mark variations, but see no reason to arbitrarily limit 
the scope of these Claims at 50. 

Thank you for considering these comments. 

Kind regards

Martin C SUTTON 
Group Risk 
Manager, Group Fraud Risk and Intelligence | HSBC HOLDINGS PLC HGHQ
Group Security & Fraud Risk
8 Canada Square,Canary Wharf,London,E14 5HQ,United Kingdom
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