Hello Michael If you, your company or your customer has any rights on a name (e.g. company name [not "Einzelfirma, because such names are only protected at the organizations legal , registered product name, registered trade name, patents...) there is any chance to gain control of a (.ch or .li) domain name, similar to the names registered under U.S. governance (.com, .net, .biz, .info ...).
If a third party is badly abusing the name rights and are really stating no longer selling certain key products this is abuse and your lawyer should be able to ask the court for immediate action, e.g. a "Provisorische Verf�gung". According to the actual GTC, SWITCH does not carry out any checks against the well known lists for protected names (a good reference to a list of directories can be found in http://www.switch.ch/id/directories.html) - this is different from earlier behavior, where domain requests had been checked against some well known name list, so certain names required an additional proof, like the HP Users Organization hp-interex.ch for example. SWITCH General Terms and Conditions (GTC) http://www.switch.ch/id/terms/agb.html#a21 Beside the chance to take civil actions for existing domains registered before March 1st, 2004, you could wait until a renewal takes place, so the domain is governed under the new GTC. Then there is a somewhat simplified way then going for the Swiss Unfair Competition Act, hence SWITCH - like other area NIC - is using the services of the WIPO Arbitration an Mediation Center (http://arbiter.wipo.int/domains/cctld/ch/index.html), which gives the chance to gain the rights on such an potentially abused domain within 20 or 80 days. FMI http://www.switch.ch/id/disputes/ >From reading a bunch of decisions by WIPO, it is good to see that any issue where >company names or trade names have been involved had been resolved for the holder of these legal names. Last but not least, it would have been nice if SWITCH had introduced this mediation service before opening the IDN registration on a FIFO base IMHO. Good luck! -Kurt. -----Original Message----- From: [EMAIL PROTECTED] [mailto:[EMAIL PROTECTED] On Behalf Of Dornbierer, Michael (GE Commercial Finance, Hirt, NonGE) Sent: Tuesday, March 09, 2004 8:26 AM To: [EMAIL PROTECTED] Subject: [swinog] Question regarding law for used swiss domains Hey SWInoggler! <snip> ---------------------------------------------- [EMAIL PROTECTED] Maillist-Archive: http://www.mail-archive.com/swinog%40swinog.ch/
