ASTERIXTOUR.COM – due cause UDRP procedure

ASTERIXTOUR.COM – due cause UDRP procedure

When a trademark is infringed by use of a domain name, two procedures are available to act against the other party: A court procedure or a UDRP procedure with WIPO. The procedure with WIPO is much quicker, but different rules apply. During a WIPO procedure it must be confirmed that: (1) the domain name is similar to the trademark, (2) the holder does not have its own rights on the name, (3) the domain name has been registered and is being used in bad faith. Often these procedures go wrong because they are approached from a trademark’s perspective. This also happened with ASTERIXTOUR.COM.

The domain name ASTERIXTOUR.COM was registered in 2002. The defendant organized various tours to Turkey under the name AsterixTours. Les Editions Albert René, the proprietor of the Asterix comic books, started a UDRP-procedure and demanded that the website would be transferred to them. The claim was denied. Defendant claims that they have been using the name for fifteen years and that the name refers to a mythological hero and not the comic book character. This outcome was to be expected, and it is rather strange that Les Editions Albert René chose this route.

About Abcor

Abcor specializes in applying for trademark and design rights. We do this worldwide for both SMEs and international companies, but often everything starts with an initial Benelux application. Our aim is to relieve the client of all the worries, which is why we take care of all the steps, from initial advice on what to apply for and how, right through to registration.

In addition to applying for trademarks, we also manage portfolios for our clients. We ensure that trademarks are renewed on time, that the right organizations are paid (given the many fraudulent companies), and we support our clients on issues.

In addition, we are sparring partners for our customers on new products and how to shape and claim new ideas.

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Newsletter: Abcor ABC Magazine

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Among others in this issue:
• EUIPO vs Mora TV: weigering geluidsmerk
• Jägermeister vs Alte Heiler: stop Russische copycat
• Stichting Nederlandse Top 40: gericht op Benelux?
• Tijdschrift HART vs Hermitage: soortgelijkheid
• Monique Granneman: nieuwe partner Abcor

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