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Founder and Principal at Winterfeldt IP Group
Joined on January 9, 2018
Total Post Views: 113,872
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Building on his years of experience in large, global law firms, Brian has brought his vision to life, creating a firm dedicated exclusively to providing organizations and individuals with to the highest caliber trademark and Internet-related legal and policy services.
Brian advises clients on the creation of global trademark and branding strategies. He also develops programs to register and enforce clients’ intellectual property rights and protect against infringement of their trademarks and other branding elements in the US and internationally, including domestic and international trademark counseling, clearance, prosecution and enforcement. In addition, Brian advises clients on trade dress, copyright, Internet governance and domain name issues, including domain name disputes such as Uniform Domain Name Dispute Resolution Policy (UDRP) and Uniform Rapid Suspension System (URS) complaints, and other similar processes for country code top-level domains (ccTLDs), to disable or recover infringing domain names. He regularly counsels global leaders across a broad variety of industries.
Brian has developed one of the leading practices specializing in advising on evolving Internet issues, and is an expert on the Internet Corporation for Assigned Names and Numbers’ (ICANN’s) new generic top-level domain (gTLD) program. As the new gTLD program has changed the Internet landscape significantly, Brian also develops advocacy and enforcement strategies in this space for brand owners, including advice surrounding registration of trademarks in the Trademark Clearinghouse (TMCH) and assessment of domain name portfolio management strategies, including both proactive domain name registrations and enforcement against infringing registrations, in light of the influx of new gTLDs.
In addition, Brian regularly counsels clients and provides training on cutting edge Internet issues such as social media platforms.
Except where otherwise noted, all postings by Brian Winterfeldt on CircleID are licensed under a Creative Commons License.
On May 25, 2018, the European General Data Protection Regulation (GDPR) came into effect, meaning that European data protection authorities (DPAs) can begin enforcing the regulation against non-compliant parties. In preparation, the ICANN Board passed a Temporary Specification for gTLD Registration Data - essentially a temporary policy amendment to its registrar and registry contracts to facilitate GDPR compliance while also preserving certain aspects of the WHOIS system of domain name registration data. more
Late last week, ICANN published the guidance from the Article 29 Working Party (WP29) that we have been waiting for. Predictably, WP29 took a privacy maximalist approach to the question of how Europe's General Data Protection Regulation (GDPR) applies to WHOIS, a tool widely used by cybersecurity professionals, businesses, intellectual property owners, consumer protection agencies and others to facilitate a safer and more secure internet. more
The ICANN Intellectual Property Constituency (IPC) and Business Constituency (BC) will be hosting a community-wide discussion regarding the proposed accreditation and access model for non-public WHOIS data, which was first circulated to the community during ICANN 61. The discussion will take place via ICANN-supported remote participation and/or audio bridge this Friday, April 6, 2018, from 1400-1600 UTC. more
ICANN has consistently said its intention in complying with the European Union's General Data Protection Regulation (GDPR) is to comply while at the same time maintaining access to the WHOIS domain name registration database "to greatest extent possible." On February 28, ICANN published its proposed model. Strangely, while ICANN acknowledges that some of the critical purposes for WHOIS include consumer protection, investigation of cybercrimes, mitigation of DNS abuse, and intellectual property protection, the model ICANN proposes provides no meaningful pathway to use WHOIS in those ways. more
WHOIS access and development of an interim GDPR compliance model remains THE hot topic within the ICANN community. Developments are occurring at a break-neck pace, as ICANN and contracted parties push for an implementable solution ahead of the May 25, 2018 effective date of the GDPR... ICANN is now poised to formally publish the convergence model, although the community continues to discuss and seek a solution that is acceptable for all stakeholders. more
On January 24, 2018, ICANN's Business Constituency (BC) and Intellectual Property Constituency (IPC) co-hosted an event to discuss the EU's General Data Protection Regulation (GDPR) and its implications on access to the WHOIS database. ICANN's CEO and General Counsel joined the discussion, as did stakeholders from across the ICANN community. The event was timely and well attended with over 200 participants attending in-person or virtually. more
There is growing concern about how ICANN will comply with the EU General Data Protection Regulation (GDPR), whose enforcement sanctions come into force in May of 2018. How will ICANN comply with GDPR without unduly restricting global Internet users' access to the public WHOIS database? For nearly the past 20 years, Internet users, businesses, law enforcement and consumer protection agencies have relied on WHOIS as a necessary resource. more
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