Partner who is not authorised to commercial use of a trade mark is not a 'licensee of prior rights' for purposes of eu-domain name registration

TRADE MARK LAW – EU DOMAIN NAME LAW

Contractual partner who is solely authorised by proprietor trade mark to register eu-domain name, but not authorised to commercial use, is not a “licensee of prior rights” for purposes of eu-domain name registration.

"53. In light of the foregoing considerations, the answer to the first question is that the third subparagraph of Article 12(2) of Regulation No 874/2004 must be interpreted as meaning that, in a situation where the prior right concerned is a trade mark right, the words ‘licensees of prior rights’ do not refer to a person who has 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."

IPPT20120719, CJEU, Pie Optiek v Bureau Gevers

C-376/11 - ECLI:EU:C:2012:502