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19 April 2016

Cyrillic domain names coming to '.eu'

EURid, the registry for '.eu' domain names, has announced that in June 2016 it will launch domain name registrations under '.ею', the Cyrillic version of '.eu'. This will enable registrants to apply for internationalised domain names in Cyrillic script taking the form of 'пример.ею'.

29 March 2016

Use of a trademark involves active behaviour and control

The ECJ has considered whether a trademark owner could establish that its mark had been infringed by a third party in an online ad originally published with its consent, but subsequently disseminated without its consent in circumstances where the third party had taken all reasonable steps to remove the ad from the Internet.

15 January 2016

OHIM faces up to digital challenge of rebrand as third parties register EUIPO domains

As with any organisational rebrand, OHIM faces a host of challenges as it prepares to change its name. One is the registration of (and subsequent transition to) new domains. Research conducted by World Trademark Review has revealed that a number of third parties have already purchased ‘EUIPO’ related domains - though some plan on using them to promote awareness about the EU trademark reforms.

11 April 2014

Latest EURid report shows impressive renewal rate for ‘.eu’ domain names

EURid, the registry for the ‘.eu’ TLD, has published its latest progress report, which contains positive results for the registration and renewal of ‘.eu’ domain names during Q4 2013. The report shows that the number of ‘.eu’ domain names registered during Q4 2013 increased by 9,502 domains, and that approximately 80% of ‘.eu’ domain names were renewed in 2013.

10 January 2014

Despite Pinterest’s trademark dilemma, counsel now have more reason to watch the site

Content-sharing social network Pinterest begins 2014 with the prospect of being forced to change its name in Europe in order to resolve a trademark dispute with British start-up Premium Interest. Whatever the outcome of its dispute, it remains a site for trademark counsel to monitor, especially given its latest acquisition.

06 January 2014

EEA residents to become eligible to register '.eu' domain names

From January 8 2014, residents, companies and organisations based in the EEA will be eligible to register domain names under the ‘.eu’ TLD. This means that residents, companies and organisations based in Iceland, Lichtenstein and Norway will be able to register such domain names. Currently, only private persons, companies or organisations resident or domiciled in the European Union are able to register a ‘.eu’ domain name.

23 July 2013

Metatags come to the ECJ

In Belgian Electronic Sorting Technology BV v Peelaers, the ECJ has considered the interpretation of the term ‘advertising’ under Article 2 of Directive 84/450/EEC and Article 2 of Directive 2006/114/EC on misleading and comparative advertising. BEST alleged that the registration and use of the domain name ‘www.bestlasersorter.com’ and the use of certain metadata infringed its trademark and trade name, and infringed the law on misleading and comparative advertising.

17 May 2013

MoU on sale of counterfeits online works, but constant vigilance is needed

The European Commission has issued its report on the functioning of the MoU on the Sale of Counterfeit Goods via the Internet. Signed in 2011, the purpose of the MoU is to establish a code of practice in the fight against the sale of counterfeit goods online and to enhance collaboration among its signatories. The report shows that the approach adopted by the MoU works, but highlights the need for internet platforms and rights holders to remain alert.

04 March 2013

EURid's latest progress report: '.euphoria' in 2012

EURid has announced in its latest progress report that registrations under the ‘.eu’ TLD in the third quarter of 2012 grew by more than 7% for the second consecutive quarter. The third quarter's net growth rate of 7.4% was consistent with the second quarter's 7.6% result and took the total number of domain names registered under ‘.eu’ to 3.67 million.

27 July 2012

ECJ endorses AG opinion on preventing sham licensees applying for '.eu' domain names

In Pie Optiek v Bureau Gevers, the ECJ has endorsed the opinion of Advocate General Trstenjak concerning the registration of '.eu' domain names by licensees of prior rights. The ECJ held that the term 'licensee of prior rights' does not refer to a person who has been authorised by a trademark owner solely to register, in his name but on behalf of the owner, a domain name identical or similar to the mark, without being authorised to use that mark commercially.

21 July 2012

ECJ clarifies trademark licensing conditions, but decision may have limited impact

The ECJ has ruled in a case that tackles the question of whether it is acceptable for a company with no EU presence to licence its EU trademark rights to an EU-based company purely for the purpose of registering an ‘.eu’ domain name. While a useful decision, one commentator expects that it will have limited impact.

21 May 2012

AG opinion on '.eu' domain names favourable to operators established in the EU

In Pie Optiek v Bureau Gevers, Advocate General Trstenjak has opined on the interpretation of Article 12(2) of Regulation 874/2004 relating to public policy rules concerning the implementation and functions of '.eu' top-level domains and the principles governing their registration - and, in particular, the registration of an '.eu' domain name by licensees of prior rights.

04 May 2012

Growth in '.eu' domain names as extension celebrates sixth anniversary

According to the latest quarterly progress report from EURid, the ‘.eu’ registry, at the end of 2011 there were a total of 3.5 million ‘.eu’ registered domain names, representing growth of 5.5% when compared with the fourth quarter of 2010. Even though ‘.eu’ was launched six years ago, not all issues relating to the registration rules have been resolved, and one case in particular, known as Pie Optiek, is still pending before the ECJ.

27 April 2012

ECJ rules on appropriate jurisdiction in keywords cases

In Wintersteiger AG v Products 4U Sondermaschinenbau GmbH, the ECJ has held that an action for infringement of a trademark registered in one member state against an advertiser using a keyword identical to that mark on a search engine operating under the ccTLD of another member state may be brought in either the courts in the jurisdiction where the mark is registered, or the courts in the jurisdiction where the advertiser is established.

06 March 2012

Advocate general considers issue of jurisdiction in AdWord case

Advocate General Cruz Villalón has delivered his opinion in Wintersteiger AG v Products 4U Sondermaschinenbau GmbH, a request for a preliminary ruling concerning the interpretation of Article 5(3) of Council Regulation 44/2001. The question was whether the Austrian courts had jurisdiction to hear this AdWord case - and, in particular, how the phrase “place where the harmful event occurred or may occur” in Article 5(3) was to be interpreted.