Reverse domain hijacking by DW.COM failed
"Out of purely sporty" Wanted Deutsche Wave in front of the International Arbitration Court Wipo of the American company Diamond goods her since 1994 Internet Domain DW.lose weight. But WIPO recognized on unsportable foul.
Everything started with Fritz Kreibgen. The statch succinctly the oats in February 2000: He wanted a "Internet offensive". It caught the author of this post – he was in the middle of the move with a lower length recognition for his already longest time used Internet address WWW.wdr.org and one after three days subordinate injunction. All negotiations on the good failed. This was followed by a very fair process at the district court Koln. As it comes to sums of over 500.000 Mark went, another way was not financeable by the instances. Also so did a damage of 40.000 Mark, whereby the judge had even a great amount of dispute.
The personal bankruptcy is involved. But what is much more mindful: this judgment accepted purely from financial restricted tooth-friendly, has been serving since then as a reputed pattern basis for successful reverse domain hijacking, so the unfriendly use of an already introduced and used internet address. With fatal episodes for those affected: Within a few days not only the website is under the well-known address away, but also all business email traffic. Similar to judicial confiscation of paper mail or telephone. If you have a lot to do with the internet, you can close to this?.
The first one felt a further Kolner Rundfunkanststalt Morgenluft: the German wave. While already has a good twenty domain names, including the completely sufficient DW.org. But it is accustomed to the broadcasting to demonstrate its own power by sending on possibly many at the same time receiving channels, and therefore still wanted "pure sporty" The address DW.com. But since 1994 the American software company Diamond goods.
No problem for the online boss of the Deutsche Welle, Guido Baumauser: He called the International Domain Arbitration Court at the WIPO, because finally the German wave yes have registered its brand worldwide – two letters with a kind of boomerang underneath. But this caught Baumauser now postworthy at the chin: Diamond goods had also registered DW as a brand – at least in America rather than the German wave. Even the domain is already in front of the trademark registration of the German wave, he had nothing to know about that and certainly not DW.COM BOSY as Domaingrabber can register to sell you later, as the German wave claimed.
The WIPO panel decided quite right that although Bad Faith) is present – but not on the side of Diamond goods, but on the contrary with the German wave. Two out of three jury members decided on reverse domain hijacking. The basis for decision-making was incurred, among other things, the mentioned articles of our site, referred to by the arbitral tribunal as a telepolis post.
Just gone again, you could say. Keith Weiner, owner of the company Diamond goods, but also had to fight very to this decision: he had to pay the WIPO committee to pay from one to three persons and also his lawyer John Berryhill and the time loss for this unpolished game of a bored online To wear bosses. "Unfortunately, the WIPO system does not see punishments for people who abuse it" So John Berryhill, who shows the WIPO decision on his website. But it had come differently, if the German wave had signed up her brand a bit more worldwide. In addition, WIPO is really just about Cybersquatting Crybersquatting, where someone occupies a domain only to sell them to another that they are actually entitled. In front of WIPO, the Westdeutsche Rundfunk had therefore never prevalent to the exclusive verdict against me, because after the internationally valued ICANN rules was WDR.ORG.
That’s why https://portaltunes-news.coms has repeatedly held over the trademark law – and there is even the danger if you do not block the domain for sale, but useful. Since the German brand law worldwide is the most aggressive – only the English can still be maintained – an American company can also draw the shorter, as it has already received Swiss companies several times. That old memories of excursions occurred 60 years ago, Start nobody, and in Austria you can even get into readers that the local Austrian broadcasting one day has its ORF.At a German company, the ORF.de uses, must decline.
And that’s just the tip of the iceberg.
- Another exit board driver is now also made of other reasons for the court well-known former tennis player Boris Becker, who is hardly a woman as one, but very well, how to throw others – a namesake made by interim freighment after the preserved scheme within four days The website Boris.de dense.
- On the other hand, the news magazine FOCUS ames that his readers are only understood to the illiteracy and therefore has the owner of the domain focus.DE sued.
- The Olzonzern Eleven agrees with a critical side of Greenpeace, which give him a complementary to the miserable environmental report in the Olforderland Siberia. After half a year Greenpeace suddenly received a lower length declaration with 24-hour ultimatum. But not to the facts – the content of the website – there is something to suspend. No, the Internet address WWW.Oil-of-eleven.DE itself is inadequate, you can confuse you with an official website of the group. Sure, on which is certainly the Greenpeace logo …
The trademark law is abused and applied to Internet addresses. For a normal postal address, it would be absurd that a Porsche handler in the Benzstrae suddenly a warning of Mercedes got. But with the Internet, judges rarely know and accept these intensities in the procedure of interim measures.
Thus, the first moving away from the trademark law for the Eleven Group is a simple way to quickly and uncomplicated from the network for the Eleven Group. However, the rainbow warriors of Greenpeace are willing to fight and also capable of going through the instances. At this opportunity to finally gain a decision against trademark abuse at Internet addresses, not only the Internet community, but even the German Patent and Trademark Office. There is also the previous development, which was drawn by a compensation of the 1995 trademark law, with heavy abdominal raw.
The Arger is still not over. And the German wave has proven a cash service to its state mission to carry a positive image of Germany in the world.