Yesterday Russian Court on Intellectual Rights published a decision concerning the nike.ru domain destiny. As specialists note this decision is one of the first ones due to domain disputes.
Domain nike.ru was registered by Stanislav Drugalev, leader of “Caravan-telecom” company which provides registration services as well. Although the well-known sportswear producer (Nike company) addressed to Arbitrary Court of Moscow with claim and demand to hand the domain to its Russian rep office’s management. Lawyer Anton Sergo representing Nike blames Drugalev in cybersquatting and unfair use of the domain name. In their turn Drugalev’s representatives tried to prove that the domain had been registered as informational resource devoted to the Ancient Greek goddess Nika and can’t prejudice the rights of Nike. Nevertheless Arbitrary Court took the part of the plaintiff and stated to hand the domain to Nike company.
Drugalev’s layers appealed to the Court of Intellectual Rights. And yesterday the final fullstop was put in the case. Intellectual Rights Court affirmed the decision of the Arbitrary Court and left Drugalev’s complaint without satisfaction.
As “Internet and Right” site informs yesterday the Arbitrary Court’s decision concerning domain ITARTASS.RU took power as well. Claim to its owner was submitted by ITAR TASS News Agency. According to the plaintiff the domain name was used by the defendant with violation of ITAR-TASS legal rights and caused material losses to its right holder, and the the name used by the defendant was similar to confusion degree with the brand name and registered trade mark of the plaintiff. The arbitrary Court sustained the claim stating that “the violations of the plaintiff’s exceptive rights for the brand name and trade marks conducted by the court are the basis for “itartass.ru” domain name registration annulment on the defendant”.
