OK.nl – Supreme Court gives a definitive answer

A legal battle has been going on for years about the very nice domain name <ok.nl>. Gaos has registered this domain name as far back as 1999. Fuelplaza operates petrol stations and has owned the OK logo since 2003. The company uses the domain name <okolie.nl> online. The domain name <ok.nl> is howeverpreferred. First the company attempts to buy the domain name. If this does not work, several lawsuits follow, up to the Dutch Supreme Court. Gaos plans to use the domain name for a social purpose, it claims, but it still has no active website on the URL. Is that allowed?

The courts have ruled on this before. Not actually using a domain name is not enough reason to be forced to transfer the domain name. Unfortunately, the Court has not ruled on the descriptiveness of the name and that there are also dozens of other trademarks with OK. The Supreme Court has now put an end to all discussion. It rejects the appeal of FuelPlaza. An active website is not necessary. Only one option remains, get in touch with the holder and offer to buy the domain name at a reasonable price.


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MENTOS has been selling chewing gum under the name MENTOS PURE FRESH for several years. In order to protect her rights MENTOS has registered the following trademarks: the logo MENTOS PURE FRESH, the logo MENTOS PURE FRESH 3 and a figurative depiction of the word PURE. Defendant sells chewing gum under the trademark DENTYNE PURE and has registered its logo as a trademark. Infringement or not?
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