[Gnso-igo-ingo-crp] Number of IGO cases brought under the UDRP

[George Kirikos]

Hi folks,

During today's call, there was some question about the number of UDRPs
brought by IGOs historically. I stated it was "less than a dozen over
the past 20 years" in the chat, but Brian Beckham of WIPO asserted it
was just 2.

The long Footnote 5 at the bottom of page 79 of our initial report:

https://gnso.icann.org/en/issues/igo-ingo-crp-access-initial-19jan17-en.pdf

which continues at the bottom of page 80, identified more than 2
cases, and less than a dozen:

"Respectively, in International Mobile Satellite Organisation and
Inmarsat Ventures Limited (formerly known as Inmarsat Holdings
Limited) v. Domains, EntreDomains Inc. and Brian Evans, D2000-1339
(WIPO Nov. 30, 2000); International Bank For Reconstruction and
Development d/b/a The World Bank v. Yoo Jin Sohn, D2002-0222 (WIPO May
7, 2002); and Bank for International Settlements v. BFIS, D2003-0984
(WIPO March 1, 2004), Bank for International Settlements v. BIS,
D2003-0986 (WIPO March 2, 2004), Bank for International Settlements v.
James Elliott, D2003-0987 (WIPO March 3, 2004), Bank for International
Settlements v. G.I Joe, D2004-0570 (WIPO (Sept. 27, 2004), Bank for
International Settlements v. BIS, D2004-0571 (WIPO Oct. 1, 2004), and
Bank for International Settlements v. Fortune Nwaiwu, D2004-0575 (WIPO
Oct. 1, 2004). A few other matters are catalogued in the Index of WIPO
UDRP Panel Decisions,
http://www.wipo.int/amc/en/domains/search/legalindex/, as involving
IGOs. In one, involving the European Monitoring Centre for Drugs and
Drug Addiction (EMCDDA), a decentralized agency of the European Union,
the complaint was denied due to its failure to establish rights to
marks or services. European Monitoring Centre for Drugs and Drug
Addiction (EMCDDA) v. Virtual Clicks / Registrant ID:CR36884430,
Registration Private Domains by Proxy, Inc., D2010-0475 (WIPO July 7,
2010). In another, involving UNITAID, an IGO hosted by the World
Health Organization (WHO), trademark rights were assigned by a
fiduciary agreement to a private enterprise, which registered them on
behalf of the WHO and UNITAID. Lenz & Staehelin Ltd v. Christopher
Mikkelsen, D2012-1922 (WIPO Jan. 8, 2013)."

As has been the case before during this PDP, the WIPO representative
doesn't have his facts straight.

Sincerely,

George Kirikos
416-588-0269
http://www.leap.com/