News
The owner of a trademark cannot forbid the use of a domain name if this does not create confusion
- 04/09/2017
The choice of a domain name is up to a website’s owner, who – within specific limits – is allowed to make use of a trademark which was previously registered by others.
With Judgment no. 20189 of 18th August, the Italian Court of Cassation has then rejected the appeal of the owner of a trademark, which was used by another economic operator as a domain name for its own website.
According to the appellant, the use as a domain name of a trademark which was already registered by others was to be considered unlawful, in that only the owner of that trademark could be allowed to make use of a domain name associated with the trademark at issue.
Instead, the Court of Cassation has observed that the owner of a previously registered trademark could not be allowed to forbid per se its use as a domain name, where the products and/or services offered are so different that a consumer cannot be misled.
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