Aduno successfully recovers domain names
12 Februar 2016
FRORIEP represented AdunoKaution AG and Aduno Finance AG ("Aduno") in a domain name dispute before the World Intellectual Property Organisation Arbitration and Mediation Center. SC, SwissCaution SA ("SC") had registered the domain names "aduno-caution.ch" and "adunocaution.ch". Both domain names were inactive. Although Aduno is the owner of the Swiss trademark "ADUNO" for certain products and services, the mere registration and the passive holding of a domain name is not a trademark infringement under Swiss law since there is no use of the trademark in relation with the registered goods and services. FRORIEP was however successful in demonstrating that SC registered the domain names to obstruct Aduno's business. Such behaviour was found contrary to Article 2 of the Swiss Unfair Competition Act which prohibits any conduct that is deceptive or otherwise violates the rules of good faith, and which affects relations between competitors or between suppliers and customers. As a result, the domain names were transferred to Aduno. You can find the decision here.
The FRORIEP team involved partner Frédéric Serra and associate Melina Haralabopoulos.