Thu, Nov. 26, 2009

Domain Name Violation: Proper Defendant?

CK - Washington.   Who is the proper defendant in a domain dispute over a .de domain name? The Frankfurt district court held on November 16, 2009 in the matter 2-21 O 139/09, that the registrant of the domain and the administrative contact listed with the .de domain name are suitable targets.

The matter, commonly known as, involves an owner in Panama who kept changing administrative contacts, reports explain. DENIC, the German registry for the .de cTLD, refused to delist the domain in accordance with a judgment against an admin-C, lost in Frankfurt and has filed an appeal.

The federal supreme court in civil matters, Bundesgerichtshof, has conclusively determined when DENIC is required to honor a decision to delist a domain, and none of the proper approaches involve the admin-C, the registry argues. DENIC's position has long been criticized as improperly defeating final judgments involving .de domains.

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