Thu, Jul. 08, 2010

Denic to Delete Dishonest Domain

.   German .de TLD monopoly registrar must delete domain names that obviously violate the rights in names protected by section 12 of the German Civil Code, a landmark ruling of the Frankfurt Court of Appeals dated June 17, 2010 states.

Denic's obligations in civil encorcement proceedings are hotly contested. In the now-decided dispute known as regierung-oberbayern.de, docket number 16 U 239/09, the state of Bavaria claimed that certain domains incorporating the names of districts and the German equivalent of government or administration violated its rights.

The Frankfurt court determined that a judgment against the owner of the domains can be enforced against Denic. By contrast, and in rejecting a wide-spread assumption, a judgment against the registered administrator of the domain name is insufficient for an enforcement action against Denic, the court explained.

The new decision signifcantly calls Denic itself, in its capacity as the registrar of obviously illegal domains, the violator and proper direct defendant. The Bettinger Schneider Schramm law firm of Munich published the decision, in German, on its website.


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