Domain-disconnectivity through regional authorities is illegal

Publication date: 07/07/2009

1898 times read
 :: 1177 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

Augsburger Puppenkiste (The Augsburg Puppet Theatre)

Publication date: 24/06/2009

2216 times read
 :: 1146 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

Wave hits high waves

Publication date: 08/06/2009

1393 times read
 :: 964 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

ahd.de domain name battle

Publication date: 03/06/2009

2496 times read
 :: 1112 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

Liability for web search engines hits

Publication date: 25/03/2009

2657 times read
 :: 1283 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

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