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Username: fnord
Date/Time: Sun, July 9, 2000 at 4:38 AM GMT
Browser: Microsoft Internet Explorer V5.5 using Windows 98
Score: 5
Subject: not a lawyer, but...

Message:
 

        dotweb writes:

>2. Do registered non-profit organizations "engage in commerce", in the legal sense? Can they REGISTER a trademark?<

PETA.org was recently awarded to People for the Ethical Treatment of Animals, commonly called PETA, under the UDRP. They have service marks on both names. The existing owner was running a site called People Eating Tasty Animals.

>3. If the answer to 2 is no, then are all non-profit organizations totally at the mercy of large for-profit entities, and in danger of losing their domains via WIPO mismanagement?<

The PETA.org site now resolves to nowhere so I don't know the latest, but the first owner of PETA.org is reasonably wealthy and suggested he would fight it in court. Sooner or later, perhaps not in the present case, someone is going to take a UDRP decision to court, and then we'll have a real mess. If courts overturn a few UDRP decisions where does that leave their credibility? And if big biz wants to go after small biz or individuals or non-profits, why wouldn't they file in court if they lost under UDRP (not that they have been so far).

     

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