#WETTER ONLINIE.DE REGISTRATION#

Hence, the registration of the name per se did not infringe the claimant's rights, like its actual use did. It held that the domain could be used in lawful ways - such as for private purposes, or by including a suitable disclaimer referring users who were looking for to that website. Likewise, the court rejected the claims for cancellation of the domain name. The court found that the domain name 'wetteronline' (meaning 'weather online') was purely descriptive and lacked the necessary distinctiveness. The claims based on name rights were rejected, though. By using the typo domain, the defendant unlawfully obstructed the claimant's business, detracting customers who actually wanted to visit the claimant's website. It allowed the cease and desist claim based on unfair competition. While both lower instances had granted the claimant's requests in full, the Federal Supreme Court differentiated. The claimant requested the court to enjoin the defendant from using the domain name for commercial purposes and to order the defendant to consent to the cancellation of the domain name. The claimant, owner of '', a platform for weather forecasts, had objected to the registration of the typo domain '' and its use for advertising insurances. The court ruled out any claims on the basis of name rights, though. The court held that the use of the typo domain '' amounted to unfair competition because it detracts customers from the previously established website at. Last week, the German Federal Supreme Court ruled on the legality of a generic 'typo' domain. Mixed weather forecast for - Generic domain name protected under unfair competition law but not under name rights

Wetter onlinie.de