Feeds

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

What's in a name?

Choosing a cloud hosting partner with confidence

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.

Choosing a cloud hosting partner with confidence

More from The Register

next story
Scrapping the Human Rights Act: What about privacy and freedom of expression?
Justice minister's attack to destroy ability to challenge state
WHY did Sunday Mirror stoop to slurping selfies for smut sting?
Tabloid splashes, MP resigns - but there's a BIG copyright issue here
Google hits back at 'Dear Rupert' over search dominance claims
Choc Factory sniffs: 'We're not pirate-lovers - also, you publish The Sun'
EU to accuse Ireland of giving Apple an overly peachy tax deal – report
Probe expected to say single-digit rate was unlawful
Inequality increasing? BOLLOCKS! You heard me: 'Screw the 1%'
There's morality and then there's economics ...
While you queued for an iPhone 6, Apple's Cook sold shares worth $35m
Right before the stock took a 3.8% dive amid bent and broken mobe drama
4chan outraged by Emma Watson nudie photo leak SCAM
In the immortal words of Shaggy, it wasn't me us ... amirite?
prev story

Whitepapers

A strategic approach to identity relationship management
ForgeRock commissioned Forrester to evaluate companies’ IAM practices and requirements when it comes to customer-facing scenarios versus employee-facing ones.
Storage capacity and performance optimization at Mizuno USA
Mizuno USA turn to Tegile storage technology to solve both their SAN and backup issues.
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?
Beginner's guide to SSL certificates
De-mystify the technology involved and give you the information you need to make the best decision when considering your online security options.
Security for virtualized datacentres
Legacy security solutions are inefficient due to the architectural differences between physical and virtual environments.