The name was registered in 1996 by Media Factory, a trading name used by an individual, Peter Gutbrod. In the Regional Court of Mannheim, Germany, the City of Heidelberg obtained a court order against Gutbrod, prohibiting his continued use of the name. However, to recover the name, the City took its complaint to the World Intellectual Property Organisation, or WIPO.
The City argued that the name “Heidelberg” is “legally protected and entitled to certain statutory entitlements under German law”. It failed to elaborate on the nature of the name’s statutory entitlements.
The City also argued that “Heidelberg is internationally known and has long standing and settled legitimate interests in its own name.” Again, it failed to elaborate.
The WIPO panellist ruled that the City had failed to show trade mark rights in the name.
The web site to which the domain name points currently shows an “Under Construction” notice.
The rules followed by WIPO require the party bringing a claim to show that the domain name is identical or confusingly similar to a trade or service mark in which it has rights; that the owner of the name has no rights or legitimate interests in it; and that the name has been registered and is being used in bad faith.