Barc&elona.eu Rejected

[Beasty]

At first glance, this decision looks like bad news for anyone who registered trademarks with "&" or other special characters in them in order to try to register well known names and trademarks.

http://www.adreu.eurid.eu/adr/decisions/decision.php?dispute_id=398

 

[domaingenius]

At first glance, this decision looks like bad news for anyone who registered trademarks with "&" or other special characters in them in order to try to register well known names and trademarks.

http://www.adreu.eurid.eu/adr/decisions/decision.php?dispute_id=398

I dont know whether to laugh or cry at this decision, but I think laugh is more appropriate,

DG

 

[Azam.net]

I'd certainly laugh Good news is that.

Hopefully more of these kind of people who registered their .eus through underhand means will lose them.

 

[Beasty]

Without commenting on whether he is right or wrong; in the context of the Expert's decision, here's an example of a well established business choosing a "blank" instead of using "and" (or a hyphen) for an amphasand.

http://www.babcockbrown.com/

Anyone found a .eu registered by a big company where a similar choice has been made?

 

[texidriver]

"Complainant

Ajuntament de Barcelona holds a vast number of trademarks
containing the word Barcelona"

but there is only one COMMUNITY TRADE MARK "E1619709" that is close,

http://webdb1.patent.gov.uk/RightSi...&DMW_INPUTFORM=ibis/ohim.htm&ohimnum=E1619709

and it is rubbish;.......... "Class 42:
Providing of food and drink;"

and the "Applicant" for the COMMUNITY TRADE MARK E1619709

is a different name......AYUNTAMIENTO DE BARCELONA !


there is no US TM

A city that was founded "About 15 BC"

but does not own...
Barcelona.com/.net/.org/.us/.co.uk/.de..does not deserve the .eu

IMHO

 

[texidriver]

http://www.babcockbrown.com/

But they didn't get the..babcockbrown.eu domain !

 

[retired_member6]

Ah but if Barcelona wanted the .eu in the first place all they had to do was ring their PM and say "reserve this for us" and job done but alas they didn't.

 

[Beasty]

I sympathise with the Expert - I think this part of the regulation is badly drafted and ambiguous. Does anyone else think that there is either a comma missing from this passage - or one comma too many - around "or, if possible rewritten".

Where the name for which prior rights are claimed contains special characters, spaces, or punctuations, these shall be eliminated entirely from the corresponding domain name, replaced with hypens, or, if possible rewritten.​

I think there's probably one missing - since it makes clear sense if it reads "or, if possible, rewritten." Not all special characters or spaces can be rewritten - and some would not want to choose a particular language for one if marketing to the whole EU. So the "if possible" part makes sense if it is in effect in parenthisis - as one of the applicants options when it is possible.

Putting aside this particular case - should a "more conventional" trademark with an & in it be obliged to include "and" in their .eu name - or should they be given the choice?

 

[texidriver]

Domain Name ataturk.eu
Applied 07/12/2005 11:12:18.326
Prior Right Registered National Trademark
Prior Right Country Germany
Prior Right on Atat?rk

wtf ! turnic ?

 

[texidriver]

At first glance, this decision looks like bad news for anyone who registered trademarks with "&" or other special characters in them in order to try to register well known names and trademarks.

Domain Name 1and1.eu
Applied 07/12/2005 11:01:26.46
Prior Right Registered Community / International Trademark
Prior Right Country Germany
Prior Right on 1&1

Wanna bet this get looked at?