[Gnso-igo-ingo-crp] An interesting UDRP

George Kirikos icann at leap.com
Wed Dec 3 17:35:30 UTC 2014


Hi folks,

During our call today I discovered an interesting UDRP related to "UNITAID"

http://www.wipo.int/amc/en/domains/search/text.jsp?case=D2012-1922

I'm not 100% sure whether it's an IGO, but it is hosted by the World
Health Organization, and its members are mostly governments:

http://en.wikipedia.org/wiki/Unitaid
http://www.unitaid.eu/en/how/members

It might be a demonstration of how IGOs might pursue UDRPs, under
existing rules. In the UDRP decision, it mentions:

"In 2009, a Fiduciary Agreement was made between the World Health
Organization/Unitaid and the Complainant to file and hold in its own
name, for the benefit of Unitaid, the necessary applications for the
protection of the “Unitaid” name, according to the instructions and
under the control of World Health Organization/Unitaid.

In 2009, the Complainant thus registered, in its own name but for the
benefit of World Health Organization/Unitaid, UNITAID as a trademark
in numerous jurisdictions."

That seems to be a great mechanism to entirely avoid the
immunity/jurisdcition issue.

Sincerely,

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


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