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CLASS 46


Now in its twelfth year, Class 46 is dedicated to European trade mark law and practice. This weblog is written by a team of enthusiasts who want to spread the word and share their thoughts with others.

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Anthonia Ghalamkarizadeh
Birgit Clark
Blog Administrator
Christian Tenkhoff
Fidel Porcuna
Gino Van Roeyen
Markku Tuominen
Niamh Hall
Nikos Prentoulis
Stefan Schröter
Tomasz Rychlicki
Yvonne Onomor
WEDNESDAY, 24 NOVEMBER 2010
GO OGLE domain name action: retrial ordered
Google Inc applied for an order that Go Ogle LLC stop using the trade name Google in the domain name 'google.ua'.  Google also sought an order against the Hostmaster LLC domain administration company, to suspend the allocation of the domain name 'google.ua' to Go Ogle.  Under Ukrainian '.ua' Domain Policy, '.ua' domain names are allocated to the owners of corresponding trade marks. In this case, and Hostmaster had complied with this since Go Ogle had registered the figurative and word marks GO OGLE.

The trial court upheld Google's claim in its entirety, in a decision which was upheld on appeal: Go Ogle could not use Google's trade name in its domain name 'google.ua'. Hostmaster was thus orderd to suspend the allocation of 'google.ua' to Go Ogle. However, last month the Higher Commercial Court partially upheld the cassation appeals filed by Go Ogle and Hostmaster.  That Court affirmed the decisions of the lower courts with regard to Go Ogle's use of Google's trade name, but remitted the action for retrial on the question of allocation of the domain name: this was because the lower courts had failed to establish whether the registration of the domain name itself infringed Google's rights and, if so, what was the appropriate remedy.

 Source: 'google.ua' domain name case sent back to lower court', article for World Trademark Review by Maria Fomichenko-Zakutskaya (Konnov & Sozanovsky, Kiev)

Posted by: Blog Administrator @ 12.47
Tags: Ukraine, infringement, domain name,
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