CLASS 46
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.
Want to receive Class 46 by email?
Click here subscribe for free.
Click here subscribe for free.
Who we all are...
THURSDAY, 20 NOVEMBER 2008
German Federal Supreme Court: "afilias.de"
Tags: Bundesgerichtshof, Domain names, German trade marks,
Sharing on Social Media? Use the link below...
Perm-A-Link: https://www.marques.org/blogs/class46?XID=BHA766
German Federal Supreme Court: "afilias.de"
In its "afilias.de" decision the German Federal Supreme Court (BGH) recently decided on a dispute between a conflicting top level .de domain name registration and a later established trade mark right or (company) name right.
The BGH ruled that an older .de domain name registration may, under certain cirumstances, be 'overtaken' by a later established right in a company name or by a later filed trade mark. The court clarified that registering a .de domain does not give any priority rights over a third party's junior company name, sign or trade mark. In cases where a such a junior trade mark or name right has been established by a third party, the domain name registration in question may become vulnerable to cancellation.
This decision is expected to have a serious impact on domain name dealers, who tend to register domain names with a view to selling them on but do not use the domains themselves. After this decision such domain grabbing activities may now be seen as an "abuse of rights". Whether this is the case has to be determined by a careful balancing of the conflicting interests of both parties.
Case reference: I ZR 159/05 of 24 April 2008
The case can be retrieved via the court's website at http://www.bundesgerichtshof.de/
Posted by: Birgit Clark @ 18.23Tags: Bundesgerichtshof, Domain names, German trade marks,



Perm-A-Link: https://www.marques.org/blogs/class46?XID=BHA766
Reader Comments: 0
Post a Comment
MARQUES does not guarantee the accuracy of the information in this blog. The views are those of the individual contributors and do not necessarily reflect those of MARQUES. Seek professional advice before action on any information included here.
The Class 46 Archive