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Austria - Protection of Domain Names as Distinctive Signs Recognized by Supreme Court

In Re Jusline, the Austrian Supreme Court addressed the issue of whether domain names on the Internet should be treated as distinctive signs, in the same way as company names or trademarks.

The plaintiff, Jusline GmbH, owner of the trademark JUSLINE, sought to compel the defendant, which had registered the domain name jusline.com, to cancel the domain name registration and to enjoin the defendant from using or transferring the name to third parties.

The Supreme Court, based on the facts of the case, found that the defendant's use and registration of the domain name did not infringe the plaintiff's trademark or constitute unfair competition, and denied the injunction.

Significantly, however, the Court held that domain names are entitled to the same treatment and protection as distinctive signs, in the same way as company names or trademarks. The Court noted that companies choose domain names that correspond to their company names or trademarks and use a domain name to distinguish the company's products and services from those of others. Additionally, the Court found this case to be similar to case law holding that telex codes may be distinctive signs.


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