Organisation: WIPO

In <i>LEGO Juris A/S v Stichting RIBW ZWWF</i>, a WIPO panel has ruled that a non-profit organisation that sells models made from second-hand Lego products had a right or legitimate interest in the domain name 'gebruiktlego.nl' ('used Lego' in English). The complaint was brought under the '.nl' domain name dispute resolution policy, which is equivalent to the UDRP, except that it does not have a conjunctive requirement in its third element.

01 December 2011

The Colombian Trademark Office has announced that the 10th edition of Nice Classification will not enter in force in Colombia on January 1 2012, as it will in the majority of associated countries. Colombia will refrain from using the latest classification until a Spanish translation is available.

24 November 2011

In <i>Karen Millen Fashions Limited v Cullen</i>, Karen Millen Fashions Limited has learned the hard way that obtaining the transfer of a domain name under the UDRP requires more than simple assertions and that the provision of actual evidence is necessary. Karen Millen failed to obtain the transfer of ‘karenmillenoutletonline.com’, even though the goods offered on the website to which the domain name was pointing were allegedly counterfeit.

15 November 2011

Next month WIPO member states and interested parties will discuss a new draft instrument for the protection of geographical indications (GIs) and appellations of origin. The proposals follow Antonio Campinos’ recent statement that OHIM would welcome the opportunity to oversee a non-agricultural register of GIs. However, the Europe v United States divide on GIs seems as wide as ever.

14 November 2011

In <i>Germanotta v oranges arecool XD</i>, singer Stefani Germanotta, known as Lady Gaga, has lost her bid to gain control of the domain name ‘ladygaga.org’ on the basis that it was pointing towards a non-commercial fan site. Interestingly, the respondent owned around 700 other ‘celebrity’ domain names.

09 November 2011

In <i>Equality Charter School Inc v Davids</i>, Equality Charter School Inc has failed to obtain the transfer of the domain name ‘equalitycharterschool.com’, which was used for non-commercial commentary criticising the school’s management. The decision illustrates the uncertainty that lies around the use of a website used to criticise third parties and, generally, of the different ways panels can apprehend a UDRP case.

07 November 2011