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[DENICpublic-l] "First come, first served" To Remain the Standard for the Registration of .de Domains - Regional Court of Munich I Confirms Lawfulness of DENIC Procedure
- From: DENICpresse <presse AT denic.de>
- To: public-l AT denic.de
- Subject: [DENICpublic-l] "First come, first served" To Remain the Standard for the Registration of .de Domains - Regional Court of Munich I Confirms Lawfulness of DENIC Procedure
- Date: Fri, 19 Mar 2010 17:03:46 +0100
- List-id: public-l <public-l.list-id.denic.de>
Dear Sir or Madam,
“First come, first served“ will remain the registration standard for .de
domains. The lawfulness of the current DENIC procedure was recently
confirmed in a judgment pronounced by the Regional Court of Munich I.
Consequently, DENIC continues being free to carry out registrations of
domains allowed for the first time, such as the one- and two-character
domains and domains whose name is composed exclusively of numerals, as per
a specific point in time with the exclusive applicable standard being the
principle of priority or equal opportunities for everybody. The Regional
Court of Munich I thus rejected the claim for registration of the br.de
domain asserted by the Bavarian radio station "Bayerischer Rundfunk" on
the grounds of anti-trust laws.
In its decision of 10 February 2010 (reference number 37 O 19801/09), the
court annulled the temporary injunction obtained against DENIC by the
Bavarian radio and television station, which previously prohibited
registration of the br.de domain by DENIC in the name of a third party.
According to the court's judgment, the "first come, first served"
principle applied by DENIC, which strives for greatest possible equal
treatment of all applicants, is non-discriminating and does thus not
violate the provisions of the German Act Against Restraints of Competition
Since the Bayerische Rundfunk already has an extensive Internet presence
and thus exclusion from the relevant market of the "World Wide Web" cannot
be put forward as an argument, the radio station cannot claim unfair
discrimination as a rationale for being granted another Internet access,
argues the court. Neither is DENIC obliged to provide a waiting period in
form of a so-called "sunrise period", during which potential claims of
holders of possibly existing name and/or identifying marks rights can be
Applications for the registration of new domains submitted before the
domain was officially released and rejected by DENIC at that time do not
provide a basis for claiming a privilege when the domain is finally
released at a later date, so the court explicitly concludes.
A similar ruling had already been issued by the Regional Court of
Frankfurt am Main in a court order dated 21 October 2009 (reference number
3 10 O 38/09), when it rejected the request of a British enterprise for a
temporary injunction granting a privilege with regard to the registration
of the domain tv.de.
To read the full text of the quoted rulings, go to DENIC's webpage "Court
Decisions" at http://www.denic.de/en/background/court-decisions.html.
Business Services - Public Relations
60329 Frankfurt am Main
E-Mail: presse AT denic.de
Phone: +49 69 27235-274
Fax: +49 69 27235-235
Angaben nach § 25a Absatz 1 GenG:
DENIC Domain Verwaltungs- und Betriebsgesellschaft eG (Sitz: Frankfurt am
Vorstand: Sabine Dolderer, Marcus Schäfer, Carsten Schiefner, Dr. Jörg
Vorsitzender des Aufsichtsrats: Elmar Knipp
Eingetragen unter Nr. 770 im Genossenschaftsregister, Amtsgericht
Frankfurt am Main
- [DENICpublic-l] "First come, first served" To Remain the Standard for the Registration of .de Domains - Regional Court of Munich I Confirms Lawfulness of DENIC Procedure, DENICpresse, 03/19/2010
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