May 8. On this date in 2005, the Orthodox Bahá'ís won the case filed by the National Spiritual Assembly of the Bahá'ís of the United States against the Second International Bahá'í Council (who are also known as the Orthodox Bahá'ís) for using the domain name uhj.net.

 

May 8. On this date in 2005, the Orthodox Bahá'ís won the case filed by the National Spiritual Assembly of the Bahá'ís of the United States against the Second International Bahá'í Council (who are also known as the Orthodox Bahá'ís) for using the domain name uhj.net.

 

The Bahá'í Administrative Order has attempted, through the registration of trademarks and copyrights, to preserve for itself the exclusive right to utilize certain religious symbols and terminology. On August 28, 1934, the Most Great Name symbol was registered as a trademark (Trade-Mark 316,444). Similarly, the "Bahá'í" trademark (Trade-Mark 245,271) was registered with the Patent Office on August 7, 1928.

 

These trademarks have not prevented the use of the term "Bahá'í" by groups considered Covenant-breakers by the Bahá'í Administrative Order, as upheld in repeated failed litigation.

On May 8, 2005, the Orthodox Bahá'ís, won the case before the World Intellectual Property Organization (see WIPO Case No. D2005-0214) for the use of the domain name uhj.net.

 

There are several notable notes in the ruling. For example, "Complainant did not send a copy of its request directly to Respondent, apparently believing Respondent had a 'religious objection' to communicating with it. While the Panel appreciates Complainant's sensitivity, it did not interpret the statement that Respondent had, consistent with Respondent's religious beliefs, ignored Complainant's cease and desist letter, to be an objection to receiving communications. Moreover, the Panel reminds Complainant of Rule 2(h): 'Any communication by . . . a Party shall be copied to the other Party, the Panel and the Provider, as the case may be,'"