Laws Of .com

Austrian Supreme Court Awards Costs in ICANN UDRP Case

The Austrian Supreme Court has awarded damages to a successful complainant in an ICANN UDRP case for the costs incurred in bringing the complaint. The plaintiff, an Austrian company, won a UDRP case involving the 'delikomat.com' domain name at the WIPO Arbitration and Mediation Centre, resulting in the transfer of the domain name to the plaintiff. Under the WIPO rules, a party is responsible for its own costs, so the plaintiff then sued the defendant in the Austrian court for costs incurred during the WIPO proceeding. The Austrian Supreme Court ruled that as the plaintiff had incurred costs to obtain the transfer of the disputed domain, and these costs had been caused by the defendant's unlawful, bad-faith conduct, the defendant was liable to pay damages for the costs incurred.

For a copy of the Austrian Supreme Court decision (in German), visit:

http://www.internet4jurists.at/entscheidungen/ogh4_42_04m.htm