comes in the consulting practice in recent times back to the question, whether a domain can be activated under the new trade law, or even must, even if it is not acquired as an object of others. After saying mutual status of the jurisdiction must be: no. This might change in future, so that a certain caution.
An Internet domain would be to activate if it is, a mark or a similar customer lists, asset. The Court of BFH and the Federal Constitutional Court is to be assumed that the holder of a domain is only obtained an obligatory legal claim to the DENIC to use an IP address for a particular domain. Further rights, in particular a right to a name or trademark similar Right he does not receive.
also Bundesfinanzhof says that a domain an intellectual property law is at best similar. This is the BFH concludes that there is only a right kind of debt, according to the DENIC on payment of fees for registration of the domain and the corresponding data in the name server has to maintain the DENIC.
likely a result of an activation domain is not possible and not be required. It is not a property right, but is an intellectual property law so that a similar activation of prohibition, as with an original brand, it is likely.
As I said, it is important to observe that in the following.
www.anwalt-strieder.de www.telefonrechtsrat.de
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