Of domain names and data base infringements

Friday 11th January 2008
Maestro is a normal word

Payment card firm, Maestro International failed in its attempt to gain control of the domain name maestro.co.uk reports OutLaw.com, which also highlights the EU weakening of protection given to databases.

The MasterCard subsidiary lost an appeal against a ruling in favour of  Mark Adams keep the domain. Adams is a Milton Keynes-based web designer and domain name dealer.database
Maestro has argued that Adams was responsible for a series of domain name registrations that were close to other people's brands, and that his registration of maestro.co.uk was abusive.

The appeal panel ruled that it did not prove the case that the registration was abusive, and that because maestro is a normal word with a dictionary definition it could not monopolise its use in domain names just because it also happened to be one of its brands.

Data base weakness
Employees who left a company to start up a rival, breached that firm's database rights when they took information with them, the High Court has ruled. The firm however failed to prove, though, that the actions breached company confidentiality.

Furnishing fabric company Crowson took the two ex-employees, Mr Rider and a Mr Simpson, to court along with their new company Concept Textiles.

An expert in database law says that the case could revive interest in the Database Directive after a ruling from the European Court of Justice in a case involving the British Horseracing Board and William Hill knocked confidence in the law. That ruling weakened the protection given to databases.

Source: http://www.out-law.com/page-8778

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