Legal Information Relating to .de
Compared with the total number of registered .de domains, the number of disputes is extremely low - probably little more than one domain in a thousand is affected by some sort of disagreement. However, just like the real world, the Internet is not a place which is free from any conflicts, nor is it an area outside the reach of law. Whenever there are disputes relating to domain names, these are settled by applying the same laws and rules as are used for name disputes elsewhere.
It is not DENIC's job to become involved in such disputes. DENIC does not check the contents and/or legality of domains; responsibility for any infringement of rights resides entirely with the holder of the domain concerned. This view of the legal situation was also confirmed by Germany's Federal Supreme Court in May 2001 in its judgement in the 'ambiente.de' case. Only when the dispute over a domain has been brought to a definitive conclusion, especially if there is a final court decision on the substance of the case against the domain holder, will DENIC intervene - if this is still necessary.
DENIC has, however, created a measure that can be of assistance to any claimant who feels that their rights have been infringed by a domain: this is the so-called DISPUTE entry. If you can submit an appropriate evidence of your rights, you can use the form provided by us to request information about the domain holder and thus find out who is to be contacted in case of an infringement of rights.
Court Judgements Dealing with DENIC's Role
All judgements are made available unabridged and in the original German language as facsimiles in PDF format. In addition, the following overview contains references to the corresponding sources in specialised legal journals. If there is any source that we have omitted, we would be grateful to be notified accordingly by you.
ambiente.de
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Judgement of Bundesgerichtshof (Federal Court of Justice) of 17 May 2001
Published in: BGHZ 148, 13; BGHReport 2001, 836 (Comm. by Härting, BGHReport 2001, 840); CR 2001, 850 (Comm. by Freytag); EWiR § 14 MarkenG 1/01, 1157 (Key statement; comm. by Ingerl); GRUR 2001, 1038; ITRB 2004, 195 (Commented by Rössel); K&R 2001, 588 (Comm. by Ubber); MMR 2001, 671 (Comm. by Welzel, MMR 2001, 744); NJW 2001, 3265; WM 2001, 1965; WRP 2001, 1305. -
Judgement of Oberlandesgericht (Higher Regional Court) Frankfurt am Main of 14 September 1999
Published in: CR 1999, 707 (Comm. by Abel, CR 1999, 788); K&R 2000, 144; MMR 2000, 36 (Comm. by Welzel); NJW 2001, 376; WuB V F. § 14 MarkenG 1.00 (Comm. by Völker); WRP 2000, 214. -
Judgement of Landgericht (Regional Court) Frankfurt am Main of 14 October 1998 Published in: CR 1999, 452 (Comm. by Biere); MMR 1999, 233; NJW 1999, 586; WRP 1999, 366.
casino-boulevard.de
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Resolution by Hanseatisches Oberlandesgericht (Higher Regional Court) Hamburg of 1 July 2004 (final)
Published in: CR 2005, 523. -
Judgement of Landgericht (Regional Court) Hamburg of 9 December 2003
Comnetworld
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Judgement of Landgericht (Regional Court) Frankfurt am Main of 24 October 2001 (final)
Published. in: CR 2002, 616; MMR 2002, 126. -
Resolution by Landgericht (Regional Court) Frankfurt am Main of 23 August 2001
dresdnerhypovereinsbank.de
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Judgement of Landgericht (Regional Court) Frankfurt am Main of 24 May 2000
Published in: CR 2001, 51; WM 2000, 1750; WuB V F. § 14 MarkenG 2.00 (Comm. by Hoeren).
This judgement now has no practical significance, since the plaintiff, who had originally applied to the court for an interim injunction, withdrew that application in consideration of the appeal hearing.
dw.de
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Judgement of Landgericht (Regional Court) Frankfurt am Main of 4 March 2010
This judgement now has no practical significance, since the plaintiff, who had originally applied to the court for an interim injunction, withdrew that application.
foris.de
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Judgement of Landgericht (Regional Court) Magdeburg of 18 June 1999
Published in: K&R 1999, 426; MMR 1999, 607.
This judgement now has no practical significance, since the substance of the legal dispute has been settled by the court of appeals.
gewinn.de
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Judgement of Bundesgerichtshof (Federal Court of Justice) of 25 October 2012
Published in: CR 2013, 38; K&R 2013, 46 (Comm. by Strömer). -
Judgement of Oberlandesgericht (Higher Regional Court) Frankfurt am Main of 9 June 2011
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Judgement of Landgericht (Regional Court) Frankfurt am Main of 27 July 2010
greencard-select.de
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Judgement of Amtsgericht (Local Court) Frankfurt am Main of 26 January 2009 (final)
Published in: MMR 2009, 709 (Comm. by Welzel).
huk-coburg24.de
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Judgement of Landgericht (Regional Court) Frankfurt am Main of 15 January 2009 (final)
Published in K&R 2009, 425; MMR 2009, 272.
kurt-biedenkopf.de
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Judgement of Bundesgerichtshof (Federal Court of Justice) of 19 February 2004
Published in: CR 2004, 531; MMR 2004, 467; NJW 2004, 1793. -
Judgement of Oberlandesgericht (Higher Regional Court) Dresden of 28 November 2000
Published in: CR 2001, 408 (Comm. by Röhrborn); GRUR-RR 2001, 130; MMR 2001, 459 (Comm. by Welzel); NJW-RR 2001, 829; WRP 2001, 706 (Comm. by Kort, WRP 2001, 1260). -
Judgement of Landgericht (Regional Court) Dresden of 25 August 2000
*lufthansa*.de
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Judgement of Landgericht (Regional Court) Frankfurt am Main of 15. April 2009 (final)
Published in MMR 2009, 704.
nordsee.de
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Judgement of Landgericht (Regional Court) Kiel of 15 March 2001 (final)
Published in: MMR 2002, 64 (Key statement)
powertrade24.de
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Judgement of Landgericht (Regional Court) Frankfurt am Main of 10 August 2015 (final)
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Resolution by Bundesverfassungsgericht (Federal Constitutional Court) of 11 July 2014
Published in: GRUR 2014, 1022; K&R 2014, 727; MMR 2015, 181; NJW 2014, 3213. -
Judgement of Landgericht (Regional Court) Frankfurt am Main of 9 May 2011
Published in: CR 2012, 132; K&R 2011, 524 (Comm. by Herrmann); ZUM-RD 2011, 492. -
Judgement of Amtsgericht (Local Court) Frankfurt am Main of 22 October 2010
primavita.de
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Judgement of Landgericht (Regional Court) Hamburg of 26 March 2009 (final)
Published in MMR 2009, 708.
r-e-y.de
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Judgement of Landgericht (Regional Court) Wiesbaden of 13 June 2001 (final)
Published in: MMR 2001, 769 (Comm. by Welzel); NJW 2001, 3715.
regierung-oberfranken.de / regierung-mittelfranken.de
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Judgement of Bundesgerichtshof (Federal Court of Justice) of 27 October 2011
Published in: afp 2012, 257; GRUR 2012, 651; K&R 2012, 421 (Comm. by Härting); MDR 2012, 792; MMR 2012, 529 (Comm. by Welzel); NJW 2012, 2279. -
Judgement by Oberlandesgericht (Higher Regional Court) Frankfurt am Main of 17 June 2010
Published in: GRUR-RR 2010, 488; K&R 2010, 602 (Comm. by Hilgert); MMR 2010, 689 (Comm. by Welzel). -
Judgement of Landgericht (Regional Court) Frankfurt am Main of 16 November 2009 Published in: K&R 2010, 356.
rz.de
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Judgement of Landgericht (Regional Court) Frankfurt am Main of 7 January 2009 (final)
Published in: K&R 2009, 278 (Comm. by Störing/Funke); MMR 2009, 274 (Comm. by Welzel).
tv.de
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Resolution by Oberlandesgericht (Higher Regional Court) Frankfurt am Main of 5 August 2010 (final)
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Resolution by Landgericht (Regional Court) Frankfurt am Main of 21 October 2009
Published in: MMR 2010, 254 (Comm. by Welzel).
vw.de
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Resolution by Bundesgerichtshof (Federal Court of Justice) of 29 September 2009
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Judgement of Oberlandesgericht (Higher Regional Court) Frankfurt am Main of 29 April 2008
Published in: CR 2008, 656; K&R 2008, 449 (Comm. by Dingeldey). -
Judgement of Landgericht (Regional Court) Frankfurt am Main of 7 April 2004