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Spain – Want to recover your domain name? Do not go to Court.
In a recent Judgment by the IP-specialized Chamber of the Barcelona Court of (case 182/2009), the Court tackles an interesting question: is it possible for a Spanish Court to order the transfer a domain name from the respondent (alleged cybersquatter) to the claimant (right holder)?
According to the reported Judgment, the answer is: simply said, no.
Based on section 34.3 (e) of the Spanish Trade Mark Act (that prohibits the non-consented used of a third party trademark “on telematic communication networks and as a domain name”), the Judgment stated that all what a Court is entitled to do in a trade mark infringement case involving a domain name registered by an alleged cybersquatter is to cancel it. According to the Judgment, it is therefore beyond the Court powers to order the transfer of the challenged domain name to the claimant.
Tags: Spain, cybersquatting, domain name.,
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