Feeds

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

What's in a name?

Secure remote control for conventional and virtual desktops

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.

Secure remote control for conventional and virtual desktops

More from The Register

next story
Phones 4u slips into administration after EE cuts ties with Brit mobe retailer
More than 5,500 jobs could be axed if rescue mission fails
Apple CEO Tim Cook: TV is TERRIBLE and stuck in the 1970s
The iKing thinks telly is far too fiddly and ugly – basically, iTunes
Huawei ditches new Windows Phone mobe plans, blames poor sales
Giganto mobe firm slams door shut on Microsoft. OH DEAR
Phones 4u website DIES as wounded mobe retailer struggles to stay above water
Founder blames 'ruthless network partners' for implosion
Apple Pay is a tidy payday for Apple with 0.15% cut, sources say
Cupertino slurps 15 cents from every $100 purchase
Forget silly privacy worries - help biometrics firms make MILLIONS
Beancounter reckons dabs-scanning tech is the next big moneypit
Microsoft's Office Delve wants work to be more like being on Facebook
Office Graph, social features for Office 365 going public
prev story

Whitepapers

Secure remote control for conventional and virtual desktops
Balancing user privacy and privileged access, in accordance with compliance frameworks and legislation. Evaluating any potential remote control choice.
Saudi Petroleum chooses Tegile storage solution
A storage solution that addresses company growth and performance for business-critical applications of caseware archive and search along with other key operational systems.
High Performance for All
While HPC is not new, it has traditionally been seen as a specialist area – is it now geared up to meet more mainstream requirements?
Security for virtualized datacentres
Legacy security solutions are inefficient due to the architectural differences between physical and virtual environments.
Providing a secure and efficient Helpdesk
A single remote control platform for user support is be key to providing an efficient helpdesk. Retain full control over the way in which screen and keystroke data is transmitted.