Title: Domain grabbing in Germany: limitations of trade mark protection and how to overcome them
Abstract:Dr Lambert Pechan is an Attorney at Law and Partner of Weber & Sauberschwarz, Düsseldorf, Germany. Trade mark rights alone do not guarantee effective protection against the phenomenon of domain grabbi...Dr Lambert Pechan is an Attorney at Law and Partner of Weber & Sauberschwarz, Düsseldorf, Germany. Trade mark rights alone do not guarantee effective protection against the phenomenon of domain grabbing. The general right to a name under the provisions of the German Civil Code extends very broad protection to the natural names of natural and juridical persons. The right to a name not only prohibits the use of a domain, but also allows for claims for cancellation of an existing domain registration. Gaps in protection are overcome in Germany by means of the Act against Unfair Competition and the general provisions of the German Civil Code. The German legal system does provide holders of registered trade marks or other symbols or designations, as well as bearers of names, effective protection against domain grabbing.Read More
Publication Year: 2012
Publication Date: 2012-02-16
Language: en
Type: article
Indexed In: ['crossref']
Access and Citation
Cited By Count: 3
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