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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
FRIDAY, 4 OCTOBER 2013
Spain: Domain Names and The Music of Chance.

The "Comisión Nacional de los Mercados y de la Competencia" (sitting as the Spanish National Authority regulating the Markets and Competition), otherwise known as "CNMC", is the brand new public entity that agglutinates the former separated Market and Competition Commissions. It will operate publicly on 7 October 2013. Among the other issues that the CNMC had to tackle before being on air, it was the registration of the domain name cnmc under the .es country code TLD. And that was not an easy task. On 23 February 2013, a day before the legislative project bill of CNMC reached the Ministry Board, someone requested the domain name cnmc.es. As the portal www.cnmc.es informed, the holder was keen on "running", "swimming", "mountains", and "cycling" (in that order) which, coincidentally, had the same capital letters in Spanish than the National Markets and Competition authority (CNMC): "[C]orrer, [N]adar, [M]ontaña y [C]iclismo.

 

The national entity for .es cc-TLD, Red.es, has recently ordered, based on the general interest on which the domains are expected to be managed (Orden ITC/1542/2005), that the domain name cnmc.es should be reassigned in the name of the CNMC. Red.es insists in that this is not an expropriation, as the domain name is not a property. Rather, it is a regulated process that operates exceptionally whenever a domain name is declared of public interest. Has the previous owner the right to contest? Indeed. The owner, previous to such a decision, has 10 days to submit observations in respect to why the individual reasons to hold the domain name should prevail against the "general interest". In this case, as in the previous one in the history of cc-TLD under .es (domain name "sareb.es", the finance entity dealing with the toxic financial products from the Spanish banks), the owner did not convince the domain names national authority, who reimbursed the administrative costs of the original registration and passed the domain name on to the CNMC.

The owner has the option to appeal before the Administrative Courts or, in the case at issue, to simply change the order to his hobbies. 

Posted by: Fidel Porcuna @ 09.30
Tags: domain names CNMC expropriation,
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