Registrars and registries liability in the EU: a (very) short survey

[Cyber]

AUSTRIA: The Austrian Supreme Court ruled that the registry (nic.at) does not carry a general obligation to watch the domain names registrations, prior to or during the registration, given the large number or registrations and the automatic registration procedure. Nevertheless, the registry must react after being asked by the holder of rights who gives evidence of them, if the infringement is so obvious that a non-lawyer would realize it.
OGH, Urteil vom 12.9.2001, 4 Ob 176/01p

BELGIUM: DNS.BE was found abusing its dominant position, for refusing to sell certain names without any reason.
Comm. Bruxelles, cess., 8 nov. 2000, A.C. 8.286/2000
But the fact of refusing to sell names because they are generic was not in itself found abusive.
Civ. Bruxelles, réf., 28 janv. 2000, R.R. 2000/107/C

FRANCE: A decision is often but improperly presented as stating that a registrar can be liable for letting a client register an infringing name. This registrar only had to pay for the judicial expenses along with the defending cybersquatter.
TGI Paris, réf., 10 avril 2006
The abuse of its dominant position by the French registry was at stake in 2000 before the Competition Council, but this court did not have to rule on this issue since the registry modified the practice which was criticized (it refused to sell generic names).
Conseil de la Concurrence, 9 juin 2000, 00-D-32

GERMANY: DE-NIC can be liable under trademark law if it indirectly causes a trademark infringement by registering a domain name obviously identical with a famous trademark.
OLG Frankfurt/Main Urteil vom 14.09.1999 11 U Kart 59/98
Registrars are deemed access providers, as they grant access to third parties via the names.
LG Leipzig Urteil vom 13.11.2003 12 S 2595/03

HUNGARY: The Highest Court ruled that a registrar can be liable for contributing to a trademark infringement.
Legfelsobb Bíróság a Pf. IV. 25 696/2002/5

==> If you have other national cases to report (EU or non EU), or have more accurate information to report, please mention them in the comments.
Thanks in advance!

- Prof. Cedric Manara [Content under License]


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