To: process.mail@wipo.int
From: "European Broadcasting Union (EBU)"
Subject: Interim Report of the Second WIPO Internet Domain Name Process
Date: 8 June 2001
Dear Sirs,
Interim Report of the Second WIPO Internet Domain Name Process
As a legal representative of the European Broadcasting Union, defending the intellectual property interests of 70 national broadcasters in 50 countries of the European Broadcasting Area, I should like to submit the following comments to the part on "Trade Names" as outlined in Chapter 6 of the above-mentioned document of 12 April 2001.
In particular, in today's legal practice in Europe, the national diversities between the legal basis for the protection of trade names and that for trademarks are not sufficiently large to justify the conclusion, as expressed in paragraph 322, that a special procedure for the protection of trade names against abusive registration or use as domain names cannot be recommended. As the owner of an international trade name, the EBU has not experienced that the determination of the applicable law was a decisive factor in the demand for protection. Also, the provision of evidence of the harm to the trade name that is being done under such circumstances is not fundamentally different from demonstrating such harm to an established trademark or service mark. The factors listed under paragraph 325 would seem to confirm that most, if not all, cases under the UDRP, which involved claims based on a prior trademark identical to the trademark owner's trade name, would not have been decided otherwise, if solely the trade name was involved.
Therefore, I would strongly support the suggested revisions to the UDRP, as outlined in paragraphs 323-326, to protect trade names from abusive, bad faith, misleading or unfair registration or use as domain names. I would also support the closely-related recommendations included in paragraphs 329-352.
Yours faithfully,
Heijo Ruijsenaars
Legal Adviser
Legal Department