Because New IT could not invoke older Trademark rights, she based her claim on her domain name and trade name rights, as well as on the basis of an unlawful act. This failed.
It is not possible to counter the use of a sign as a trademark if you do not have an older trademark registration yourself. Therefore her claim based on an unlawful act failed. The claims based on New IT’s trade name rights also failed. Although the name was registered, it was not used as an actual trade name. (That is used to represent the company.) Factual use is the determiner in acknowledging trade name rights. New IT lost the case and had to pay the costs of the procedure (€ 7.000,-) Had they filed their trademark earlier things would have ended completely different.
