Athe Supreme Court of Justice stated that this is not a dominant element of a domain name rather it is understood by the intended audience to be merely functional Supreme Court of Justice GRUR margin no airdsl. Instead the court found that only the secondlevel domain that is the part between www. and the .de TLD is relevant to the assessment of trademark infringement. However this may change in the future as more individual and distinctive TLDs become available. A trademark and a domain name will not be found to be confusingly similar if the intended audience understands that the domain name functions solely as a description of the goods and services offered on the site.
In this case the domain name is understood by the intended audience as a Country Email List generic term and not as a trademark. It is also possible for the registration and use of a domain name to infringe a working title sections and of the Trade Marks Act held by a third party under the same conditions set out above. For example the Berlin District Court stated that the domain casualcocerts.de infringed the Casual Casual contest title GRURRR Casual Concerts. Commercial names and related rights.
The registration of a domain name could also infringe a third partys trade name sections and of the Trade Marks Act or name right section of the Civil Code. Assessing such potential infringement is similar to assessing trademark infringement. to the domain name. Secondly the proximity of the sectors in which the company name and domain name are used is considered Frankfurt Court of Appeal GRURRS Fairvestaschaden.de Court of Appeal Frankfurt WRP Alcon.de Munich Court of Appeal GRUR buecherde.com. This is done by analyzing the website content that appears under the domain name in question to determine.
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