Tuesday, September 8, 2015

New venue to block ”.com” domain names selling counterfeits?

A "club is a club": sports clubs, fan clubs, night clubs to use a domain name ending in ".club".
From the author:
"The key issue in this case was to demonstrate that the requested measure to block worldwide access to websites was proportionate. As a general rule, the Claimant would have had the impossible task of demonstrating the infringement of its trademark rights not only in Switzerland but also in each and every jurisdiction where the websites were accessible; the Defendants could also have argued that the Claimant had no registered trademark in some jurisdictions. The Court however bypassed that obstacle, noting that the Defendants neither attended the hearing nor argued that blocking the domain names would prevent them from achieving sales in other jurisdiction where the Claimant’s trademarks were not protected as such".

Source: http://www.lexology.com/library/detail.aspx?g=e2c35838-1a6b-40bb-be4b-0ee998bfa4c5.

Reminders:
  • Trademarks should submit their datas into the Trademark Clearinghouse to participate in future Sunrise Periods. The official TMCH calendar is available here;
  • For a better recognition, Trademark clubs should register a ".club" domain name at their accredited Registrar.

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