Domain Name Transfer Before Slovak and Czech Courts
Journal of Intellectual Property, Information Technology, and Electronic Commerce Law (JIPITEC), Vol. 3, pp.148, 2012
5 Pages Posted: 4 Nov 2012
Date Written: September 10, 2012
In Europe, a disagreement persists in the courts about the possibility of plaintiffs to request a domain name transfer in domain name disputes. In the last ten years, Slovak and Czech courts also produced some jurisprudence on this issue. Interestingly, the BGH’s influential opinion in the shell.de decision, which denied domain name transfer as an available remedy under German law back in 2002, wasn’t initially followed. To the contrary, several Slovak and Czech decisions of lower courts allowed a domain name transfer using two different legal bases. This seemingly settled case law was rejected a few months ago by the globtour.cz decision of the Czech Supreme Court, which refused domain name transfers for the time being.
Keywords: Trademarks, Domain names, Domain transfer, Slovakia, Czech Republic, Case law, Remedies
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