Home / Blogs

The First French Judicial Decision Over .EU

Cedric Manara

Over at VoxPI, Alexandre Nappey reports that, a few days ago, the first French judicial decision over a .eu domain name was released — or more specifically the first decision over an application for a .eu name.

The two parties own a trademark "EUROSTAR". They agreed on the coexistence of their respective marks in September 2004. Both applied for the same name 'eurostar.eu', on the same day (December 7, when the registry opened its systems to receive applications for .eu domain names). The second in chronological order brought a lawsuit against the first, and requested the withdrawal of the application (summary proceedings). The French court [Paris commercial court, January 10, 2006] found it was not competent, because there was no emergency:

  • At the time the coexistence agreement was signed, domain names existed, but the parties did not include a provision on domain name registrations
  • The domain name has not been used yet
  • The EU regulation on .eu domain names [PDF] provides for a specific ADR procedure in case a decision taken by the Registry conflicts with this Regulation.

This decision is interesting, because it acknowledges that .eu ADR is an appropriate procedure for disputes between legitimate holders of a same mark.

Featured form the author's Domain Name blog.

By Cedric Manara, Law Professor. More blog posts from Cedric Manara can also be read here.

Related topics: DNS, Domain Names, Policy & Regulation

 
   
WEEKLY WRAP — Get CircleID's Weekly Summary Report by Email:

Comments

To post comments, please login or create an account.

Related Blogs

Related News

Explore Topics

Industry Updates – Sponsored Posts

2016 U.S. Election: An Internet Forecast

MarkMonitor Supports Brand Holders' Efforts Regarding .Feedback Registry

Don't Gamble With Your DNS

8 Tips to Find Your Perfect .COM Domain Name

Why .com is the Venture Capital Community's Power Player

Radix Launches Startup League at TechCrunch

Celebrating One Year of .online

Verisign Releases Q2 2016 DDoS Trends Report - Layer 7 DDoS Attacks a Growing Trend

LogicBoxes Launches the New Elite Reseller Program

How Savvy DDoS Attackers Are Using DNSSEC Against Us

Effective Strategies to Build Your Reseller Channel (Webinar)

Radix Adds Dyn as a DNS Service Provider

Facilitating a Trusted Web Space for Financial Service Professionals

.STORE Grosses Over $1 Million Before the Close of Day 1

News.Markets: A Rising Star in the World of Financial Trading and New TLDs

Dyn Partners with the Internet Systems Consortium to Host Global F-Root Nameservers

Verisign Announces .コム Domain Names Are Now Available for Anyone to Register

NBA & NFL Teams Drive .store Sunrise Score to 647

New TLD .STORE Crosses 500+ Sunrise Applications

Meet Boston Ivy, Home to Some of the Most Specialized TLDs in the Financial Services Sector

Sponsored Topics

Port25

Email

Sponsored by
Port25
Afilias

DNS Security

Sponsored by
Afilias
Afilias - Mobile & Web Services

Mobile

Sponsored by
Afilias - Mobile & Web Services
Verisign

Security

Sponsored by
Verisign