Decision to transfer .eu-domain within ADR procedures may be irrelevant

Publication date: 18/07/2014

17835 times read
 :: 11121 Votes  

Judgement of OLG Stuttgart (Higher Regional Court Stuttgart) of 28/05/2014, file number: 2 U 147/13

In case that within an ADR procedure it will be decided on a .eu-domain transfer and a period of 30 days up to the notification of the decision will be set to introduce a corresponding action before a German civil court, the ADR decision will become ineffective. A claim regarding the transfer of the domain, or .eu-domain, cannot be pronounced since the owner of an identical name as the second-level-domain would be then better off than without the infringing activity. Especially at .eu-domains there is the possibility of a so-called dispute entry, from...

Category: Judgements, Entscheidungen, Internet Law, Domain Law, Trademark Law, Deutsche Marke, Company Labelling, Danger of Confusion

Domain-disconnectivity through regional authorities is illegal

Publication date: 07/07/2009

16850 times read
 :: 10900 Votes  

Judgement of VG Düsseldorf (Administrative Court Dusseldorf) of 18/05/2009, file number: 27 L 9/09

Authorities of a federal state are not allowed, in case of an offence to the gambling treaty, to disconnect the domains of the corresponding web sites. Federal states are basically limited in their administrational rights after the state principle. The disconnection of a site leads to the worldwide unattainability. In this case, the competence of the regional authorities is trespassed; therefore, the disconnection order is illegal.

Category: Gambling Law, Internet Law, Domain Law, Entscheidungen

Augsburger Puppenkiste (The Augsburg Puppet Theatre)

Publication date: 24/06/2009

16590 times read
 :: 10394 Votes  

Judgement of BGH (Federal Supreme Court) of 18/12/2008, file number: I ZR 200/06

The component "Puppenkiste" is in the company sign "Augsburger Puppenkiste" to label the marking of a puppet theatre originally weak sign and, therefore, without distinguishing characteristic to assert itself as a catchword-like advice to the company...

Category: Internet Law, Domain Law, Trademark Law, Company Labelling, Entscheidungen

Wave hits high waves

Publication date: 08/06/2009

29922 times read
 :: 10878 Votes  

Judgement of LG Köln (Regional Court Cologne) of 18/05/2009, file number: 81 O 220/08

The community Welle has no right to the domain "welle.de", because somebody else had already the idea for the domain use long before and the domain name consists of a word which shows a material name and is understood because of unawareness of the community. “Welle” is understood as a thing, as long as it is called without certain complementary quality description as for example "community". Therefore is valid here concerning the domain the priority.

Category: Domain Law, Entscheidungen

ahd.de domain name battle

Publication date: 03/06/2009

15262 times read
 :: 9637 Votes  

Judgement of BGH (Federal Supreme Court) of 19/02/2009, file number: I ZR 135/06

We had already reported about the press release 39/2009 to the judgement, now the full text is given.

The registration of a domain name can fulfil only by presentation of special circumstances the facts of an unfair competitor's impediment and justify a claim to delete the domain name.
Such circumstances are not already given if the domain owner registers a huge number of domain names to offer them to potential prospective customers; to the purchase or to the payable use, and one of these domain names...

Category: Domain Law, Internet Law, IT Law, Entscheidungen

Liability for web search engines hits

Publication date: 25/03/2009

20742 times read
 :: 13023 Votes  

Judgement of LG Berlin (Regional Court Berlin) of 08/07/2008, file number: 27 O 536/08

A web page operator has to provide for the fact that personality-abusive statements disappear completely from his Internet offer. Therefore he is also obliged to block any web search engine hits not to show them.

Category: Internet Law, Domain Law, Liability, Web Search Engine, Entscheidungen

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