THURSDAY, 15 OCTOBER 2009
Metro Group obtains metrobar.ch, but not metro-express.ch
In the case of metrobar.ch, which was used to advertise the services of a bar, the sole panelist held that METRO was undisputedly well known for gastronomy services and that adding a descriptive element ("bar") to a well known trade mark was insufficient to avoid likelihood of confusion. In a second case, decided only six weeks later, another panelist came to a different conclusion regarding the domain name metro-express.ch. This domain name was used to advertise the services of a snack bar. The panelist doubted that METRO was well known for restaurant services. In any case, "Metro" was also a commonly understood term for subway. The respondent's snack bar was located in a pedestrian underpass beneath a railway station and below a building known as the "Metro house". In this context, Metro was understood descriptively by the relevant public. Transfer of the domain name was denied. Decisions DCH2009-0009 and DCH2009-0011 (in German). |
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