Are "Geo" domains subject to trademark protection?
Are Geographical names like Paris.com and Argentina.com subject to trademark protection?
Are Geographical names like Paris.com and Argentina.com subject to trademark protection?
This depends heavily on jurisdiction. I know for a fact that german courts don't give a rat's ass about what the UDRP says if both complainer and complainee reside (or are business entities) in Germany and the domain name in question is the registered name of a city, town or village ("Berlin", "Stuttgart"). Which TLD is in question doesn't matter. The municipal authority associated with the geographic name will usually be awarded the right to the name. I think Germany is not the only country where such precendents exist.
According to this article on Elliot's blog, trademark protection does not apply to Geo Domains for UDRP.
What are the legal issues with making a fansite at a domain I own? · What is "dual track" UDRP? · What is sniping? And how does it apply to domain auctions?
Comments
1jorge · 2010.03.09
Pekka: So, could you (theoretically) get a friend outside Germany to register a domain for you to avoid this?