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 regierung-mittelfranken.de, 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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