Now in its twelfth year, Class 46 is dedicated to European trade mark law and practice. This weblog is written by a team of enthusiasts who want to spread the word and share their thoughts with others.
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Poland: Google win back Google.com.pl
On 2 September 2007 the Court of Conciliation for Subscribers to Internet Domains (known in short as the PIIT i-Court) decided that the google.com.pl domain name should be transferred to its proper owner - Google Inc. The Court based its decision on the fact that the Gmail mark, although not registered as a service mark in the Polish Patent Office, has specific property value as an intangible good. The Court, in an opinion written by arbitrator Rafal Golat, analysed that the Gmail mark possesses a real and good market reputation and it has a positive consumer perception. The arbitrator decided that the defendant infringed the plaintiff's rights by using the mark's reputation in its domain name address. However the Court declined to recognize this deed as being an act of unfair competition (PIIT i-Court decision of 2 September 2007, Act sign. 09/07/PA).
Google Inc. has yet to recover the gmail.pl domain, which is currently registered for Grupa Mlodych Artystów I Literatów (Group of Young Artists and Men of Letters).
Tags: Domain names, Market reputation, Trade marks,
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