[gnso-igo-wt] small update from Susan/Brian/Paul

[BECKHAM Brian]

Dear Chris & Team:

We are pleased to report on our productive call on Thursday.  We found we were able to quickly align on the concept of what an IGO needs to show in order to participate in the UDRP and URS.   (Note that prevailing on the merits would still require a showing of registrant bad faith.)

In a nutshell, our discussion centered around a way forward that would not rely on a "list" (GAC or 6ter or otherwise), and that does not "create new rights."  Instead, we agreed that it would be appropriate and sufficient to acknowledge IGOs and the activities they conduct in pursuing their State-chartered public missions.  This approach would recognize (unregistered) rights in IGO identifiers flowing from an indication of public and/or State recognition while navigating what is normally understood to be "use in commerce" in a more traditional trademark registration context.

While we aim to shortly begin drafting proposed text (and suggested placement) along those lines, this will not likely be complete by tomorrow/Monday's call so we very much agree with that call focusing on considering immunity and appeals issues.

Regards,

Susan, Brian, Paul


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