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

Afilias Announces Relaunch of .GREEN TLD

New .PROMO Domain Sunrise Period Begins Today

Minds + Machines Group Announces Outsourcing Agreements, Web Address Change

.STORE Opens its Doors to Brands

What Holds Firms Back from Choosing Cloud-Based External DNS?

February Biggest Month to Date for Radix, Over 750K Domain Registrations

Radix & WHMCS Offer Free .HOST Domains to All WHMCS Customers

New .BET Domain Now Available to the Public

Radix and SnapNames Announce Exclusive Partnership

Radix Gives Its TLD .SPACE a Makeover

New .PET Domain Available to the Public

Priority Access Program for Verisign's First IDN New gTLD, .コム

Minds + Machines Group Expands Into Chinese Market

Dyn Weighs In On Whois

New .PET Domain Sunrise Period Begins January 19

.CO Hits 2 Million Domains as Premium Sales Surge

Neustar's Career Site Launched Under Its Own Branded TLD: 'careers.neustar'

Radix Closes Holiday Sales With Over 35K Paid Registrations

Radix's .ONLINE Fastest to Sell 100,000 Domains

.PRO Domains Now Available to All

Sponsored Topics

Afilias

DNS Security

Sponsored by
Afilias
Port25

Email

Sponsored by
Port25
Afilias - Mobile & Web Services

Mobile

Sponsored by
Afilias - Mobile & Web Services
Verisign

Security

Sponsored by
Verisign