World Trademark Review – Rights holders evidence enforcement struggles as WHOIS data requests go unanswered

World Trademark Review – Rights holders evidence enforcement struggles as WHOIS data requests go unanswered

While it was noted that parties with a legitimate access can currently lodge data access requests with registries and registrars, Steve DelBianco, president and CEO of NetChoice, observed that this comes with the caveat that such requests can be rejected where legitimate interest is over-ridden by the data subject’s rights. He observed: “At this early stage of implementation you can imagine how difficult it is for registries and registrars to make that decision in the absence of legal advice.” What appears to now be happening is that the default response to such requests is no response – the result hindering the ability or brand owners to investigate police misuse.

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