In the decision I ZR 201/03 of September 21, 2006, the German Federal Court of Justice decided that the use of the name of a regional corporation in connection with the top-level domain "info" as an Internet domain constitutes an unauthorized pretension of a name according to ยง 12 BGB (German Civil Code) if the user does not have the right to bear the name.
The present decision concerns the domain "Solingen.info". The city of Solingen runs amongst others, an internet access portal under the domain "Solingen.de". The respondent, a private enterprise, runs internet access portals under the domains "Solingen-info.de" and "Solingen.info", from which local information can be obtained.
The city of Solingen considered the registration and the use of the name "Solingen.info" as an infringement of their right to bear the name. The city demanded an injunction of the use of this domain name and clearance from the registration administration.
Civil Court and Appellate Court allowed the claim. The respondent kept on tracking its request for nonsuit. However, the decision of the German Federal Court of Justice lead to the rejection of the appeal.
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