No Sex.eu for You
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Topeu.com claimed that .eu registry EURid had erred in awarding the sex.eu (sounds like an Engrish word) to Yellow Register On Line.
On 7 December 2005, a company called Yellow Register On Line AB (“Yellow”) applied for the domain name “sex.eu” on the basis of a Prior Right - in this case a prior trade mark right. Yellow submitted documentary evidence in support of its application within the necessary deadlines and the Registry subsequently accepted Yellow’s application and awarded it the “sex.eu” domain.
The Complainant argues that the Registry was wrong to allocate the domain to Yellow and that the Complainant is properly entitled to that domain on the basis of it holding a prior trade mark right covering the whole “sex.eu” domain name - inclusive of the ‘.eu’ suffix.
The arbitration panel that decides .eu domain disputes said that trading marking a domain name before it actually exists establishes no legal right.
Now Yellow is free to get on with a franchise that is akin to printing money.