Feeds

Attempt to redefine .eu rules fails over sex.eu case

What's in a name?

3 Big data security analytics techniques

A company which claimed a right to the domain name sex.eu under an unusual legal interpretation of the rules has lost its case. It has emerged that the firm behind the attempt had failed in a previous attempt to win casino.eu on the same basis.

Topeu.com took a case to the Czech arbitration panel which rules on .eu domain disputes, arguing that .eu registry EURid should not have given sex.eu to a company called Yellow Register On Line.

Yellow was the first company with a prior right to the term "sex" to apply for the domain, which is usually enough to be successful in being awarded it. Yellow had a registered trademark for the term "sex".

Topeu argued that while Yellow was the first in line for the domain and had a trademark on "sex", Topeu had a greater right to the domain because it had registered a trademark for the entire phrase "sex.eu".

"The complainant contends that the proper interpretation of Article 10(2), especially the phrase '...the registration of the complete name for which the prior right exists' is that it means that the entire domain name, inclusive of the '.eu' suffix, must be reflected on the trademark registration certificate," said the company's case.

EURid said the "complete name" refers only to that which precedes the ".eu" suffix. The registry also pointed out that Topeu had attempted to make the same case regarding the casino.eu domain, and that the arbitration panel in that case had rejected its claims.

Arbitration panellist James Mitchell ruled against Topeu and in favour of EURid. "It is self evident that the meaning of 'complete name' ...is the name excluding the .eu suffix," wrote Mitchell. "Were this not the case then those companies who had gone out of their way (whether cynically or otherwise) to register a range of trademarks including '.eu' would effectively gain preference over all other trademark owners in their rights to .eu domains.

"To impart such a construction would be to clearly contradict the letter as well as the spirit of the regulations and to undermine the very purpose of the 'sunrise' period," he wrote.

See: The ruling

Copyright © 2006, OUT-LAW.com

OUT-LAW.COM is part of international law firm Pinsent Masons.

Top three mobile application threats

More from The Register

next story
Audio fans, prepare yourself for the Second Coming ... of Blu-ray
High Fidelity Pure Audio – is this what your ears have been waiting for?
Record labels sue Pandora over vintage song royalties
Companies want payout on recordings made before 1972
Zucker punched: Google gobbles Facebook-wooed Titan Aerospace
Up, up and away in my beautiful balloon flying broadband-bot
Apple DOMINATES the Valley, rakes in more profit than Google, HP, Intel, Cisco COMBINED
Cook & Co. also pay more taxes than those four worthies PLUS eBay and Oracle
Intel sees 'signs of improvement in the PC business' but earnings remain 'Meh...'
Prospects for the future, however, please Wall Street money men
What's a right pain in the ASCII for IBM? Its own leech-like hardware biz
Keep your eyes on our cloud while we remove this pesky thing, say execs
Oracle's Larry Ellison has the MOST MASSIVE PACKAGE IN PUBLIC
Billionaire IT baron earns twice as much as the next in line, Disney chief Bob Iger
prev story

Whitepapers

Mainstay ROI - Does application security pay?
In this whitepaper learn how you and your enterprise might benefit from better software security.
Combat fraud and increase customer satisfaction
Based on their experience using HP ArcSight Enterprise Security Manager for IT security operations, Finansbank moved to HP ArcSight ESM for fraud management.
The benefits of software based PBX
Why you should break free from your proprietary PBX and how to leverage your existing server hardware.
Top three mobile application threats
Learn about three of the top mobile application security threats facing businesses today and recommendations on how to mitigate the risk.
3 Big data security analytics techniques
Applying these Big Data security analytics techniques can help you make your business safer by detecting attacks early, before significant damage is done.