On September 10, 2007, a three-member panel of the World Intellectual Property Organization (“WIPO”) found in favor of ... Pharmaceuticals, Ltd (“Actelion”), that the use of its trademarked drug name TRACLEER by a law firm for the purpose of soliciting clients for litigation was improper under the Uniform Domain Name Dispute Resolution Policy (“UDRP”). The Panel’s decision, a clear departure from previous precedent, represents a positive outcome for trademark owners, especially those in the pharmaceutical industry, whose trademark rights are being improperly used by lawyers and law firms to attract litigation clients.
Before Actelion, the seminal WIPO case involving use of a pharmaceutical company’s trademarked drug name by a law firm was decided in favor of the products liability lawyer. See Pfizer, Inc. v. Van Robichaux , WIPO Case No. D2003-0399 (July 16, 2003).
Read the WIPO decision here.
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