Domain crusades are common.
What could possibly happen when two manifestations of the same patron saint went to battle against each other?
Most likely, the weaker would win, as is the case with St. Lazarus, protector of the poor and sick.
A UDRP that was ruled at the World Intellectual Property Organization (WIPO) between the American Association of the Order of St. Lazarus, Inc. and the Order of St. Lazarus was rather swift and merciful.
The Complainant, based in San Diego, argued that it is a charity that focuses on providing care to the poor and sick, with attention to organ donation awareness and Hansen’s disease. They have trademark registrations for several marks that use the terms “Saint Lazarus” and “Lazarus.”
On the other hand, the Respondent noted that the organization has a history of forming more than 1,000 years ago, that was not bestowed exclusively to the Complainant or its marks.
The Respondent added that the term “Saint Lazarus” should be public domain, and that the “words, colors, mottos, and names associated with the Order of Saint Lazarus should be in the public domain were it not for the unbelievable naiveté of the U.S. Patent Office.”
The battle was over the domain name SaintLazarusUSA.org and despite a 2006 agreement between the two parties, the Complainant appears to have broken the rules of fair play by engaging in a technological crusade.
The sole panelist, Mark V.B. Partridge, decided to end this holy war by deciding on behalf of the Respondent.
For the full text of this epic battle, click here.
