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The Antwerp Court of Appeal has dismissed an infringement claim and has upheld a counterclaim for cancellation of the Benelux registered NEW TEL mark. The court held that a mark consisting of a word made up of elements that separately lack distinctiveness does not necessarily become distinctive as a result of the act of combining those elements.
23 April 2004
In <i>De Belgische Staat v Domain Services Rotterdam BV</i>, panellist Catherine Erkelens of the Belgian Centre for Arbitration and Mediation has ordered the transfer of 'belgie.be' to the Belgian State. Erkelens held that the domain name was identical to the complainant's geographical designation and had been registered in bad faith.
02 March 2004
A new law regarding the abusive registration of domain names has been published. Although Belgian courts and alternative dispute resolution entities have been successful in adapting existing legislation to deal with abusive registrations, the law codifies and extends domain name protection in Belgium.
04 November 2003
In <i>Bio-Fyt Pharma v Pharma Nord</i>, the Brussels Commercial Court has ruled that the defendant's use of the descriptive name Bio-Magnesium for its food supplements infringed the plaintiff's BIO-MAGNUM mark for similar goods. The court held that BIO-MAGNUM is sufficiently distinctive to warrant protection.
14 October 2003
DNS Belgium has adopted a new domain name transfer policy for names registered in the country-code top-level domain. Pursuant to this policy, once an application is made through a registered agent, DNS Belgium will only require that the transferor and transferee confirm that they agree to the transfer.
05 March 2003
In <i>Napster Inc v TheInternetOne CV</i>, panellist Yves Van Couter at the Belgian Centre for Arbitration and Mediation has ordered the transfer of 'napster.be' to Napster. Couter held that the domain name was identical to the complainant's famous NAPSTER mark and had been registered in bad faith.
27 February 2003
Applying Belgian law on geographical indications and fair trade practices, the Nivelles Commercial Court has ordered beer producer SA de Landtsheer to cease using the word 'champagne' in relation to its new product, as well as the slogan 'the beer world's answer to Veuve Cliquot'.
04 February 2003
DNS.BE, the nonprofit organization responsible for registering country-code top-level domains in Belgium, has announced that it will allow the transfer of '.be' names beginning in the third quarter of this year.
28 June 2002
DNS Belgium, the non-profit organization responsible for registering '.be' country-code top-level domains has drafted a Code of Conduct to govern the relationships between its registrar agents and their customers.
16 January 2002
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