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10.10.2012

Case summary : ECJ defines the legal status of a person authori

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Summary

In Pie Optiek SPRL v Bureau Gevers SA, European Registry for Internet Domains ASBL, a dispute arose over the legal status of a person authorized solely to register a domain name for the proprietor of a trademark.

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In Pie Optiek SPRL v Bureau Gevers SA, European Registry for Internet Domains ASBL, a dispute arose over the legal status of a person authorized solely to register a domain name for the proprietor of a trademark. Pending decision in a Belgian Court of Appeal hearing the case, the European Court of Justice (ECJ) was requested to clarify the definition of ‘licensee’ to determine the rights of such right-holders vis-à-vis the ‘sunrise period’, which is a time-window introduced with .eu Top Level Domain names whereby only holders of prior rights and public bodies were eligible to apply. Furthermore, registration of a domain name in the first two months was restricted to geographical indications and holders of national and Community trademarks, including their licensees.

 

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