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ARTICLE · 15 MARCH 2001

Pirate's Happy Days Are Over

ItalyCorporate/Commercial Law
Guido Jacobacci
Guido Jacobacci

A Recent Italian Decision Against Domain Name Grabbing

In a decision of November 25, 2000, based upon a preliminary relief application, the Tribunal of Monza clarified a number of important principles concerning domain name grabbing.

The background facts were as follows:

The petitioner was a French company and the publisher of the world famous interiors magazine "ELLE DECOR" (in some countries published as "ELLE DECORATION"). It owned the trademark "ELLE DECOR" which was registered for printed matter. The defendant was an Italian company active in publishing and broadcasting which had registered the domain name www.elledecor.it, as well as the names of many other famous Italian newspapers and magazines. The petitioner claimed that the registration and the use of the domain name www.elledecor.it

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