Pie Optiek SPRL v Bureau Gevers SA and others – WLR Daily

Posted July 23rd, 2012 in domain names, EC law, law reports, trade marks by tracey

Pie Optiek SPRL v Bureau Gevers SA and others: Case C-376/11;  [2012] WLR (D)  219

“The third sub-paragraph of article 12(2) of Commission Regulation (EC) No 874/2004 of 28 April 2004 laying down public policy rules concerning the implementation and functions of the .eu Top Level Domain and the principles governing registration meant that, in a situation where the prior right concerned was a trade mark right, the words ‘licensees of prior rights’ did not refer to a person who had been authorised by the proprietor of the trade mark concerned solely to register, in his own name but on behalf of that proprietor, a domain name identical or similar to that trade mark, but without that person being authorised to use the trade mark commercially in a manner consistent with its functions.”

WLR Daily, 19th July 2012

Source: www.iclr.co.uk