Google finally asserts rights over ‘.ua’ domain name

Ukraine
The Kiev Commercial Court of Appeals has put an end to a dispute involving the domain name 'google.ua'.

In October 2010 the Higher Commercial Court of Ukraine had affirmed lower courts' decisions holding that a fictional Ukrainian company called Go Ogle LLC could not use Google’s trade name in its domain name, 'google.ua'.

However, the Higher Commercial Court decided to send the case back for a new trial as far as the issue of the delegation of the domain name by the '.ua' domain name registrar, Hostmaster, was concerned. The specific issue was whether the registration of the domain name itself infringed Google’s rights (for further details please see "'google.ua' domain name case sent back to lower court").
 
Considering the worldwide reputation of the search engine and its GOOGLE mark, obtained long before Go Ogle registered the domain name, the Kiev Commercial Court of Appeals ruled that the registration of the domain name itself infringed Google’s rights. According to the court’s decision, the domain name is to be delegated to the multinational corporation.
 
Experts believe that this decision shows that the Ukrainian judicial system is capable of dealing with delicate domain name issues. The decision is thus to be welcome, as it is likely that the Ukrainian courts will be confronted with similar cases in the future - cybersquatters have registered many other domain names consisting of popular trademarked names, such as 'interfax.ua', 'fortune.ua' and 'naftogaz.ua'.
 
Maya Kryvoshei, PETOŠEVIC, Kiev  

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