May 20, 2004
No trademark but a domain name
In Art-Work Administration v. HackItJack, a Danish Internet Forum panel (DIFO) has ordered the transfer of danskegolfbaner.dk to the complainant, although this complainant had failed to establish rights in the mark DANSKE GOLFBANER [= Danish golf courses]. For the panel, it was entitled to the domain name because the respondent had breached the Danish Marketing Practices Act.
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Another Danish case has been grounded on the Danish Marketing Practices Act. This case, about "br.dk" is Top-Toy A/S v Icom Data ApS, and it's the first to be ruled by the Danish Supreme Court.
See Peter Gustav Olson, Danish Supreme Court issues first domain name decision, World eBusiness Law Report, May 25, 2004 [subscription required].
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