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.

