Out-Law / Your Daily Need-To-Know

French courts have ruled against eBay in an attempt by the US-based web auction company to claim the domain name eBay.fr from a French rival. The name is owned (though not used) by the parent company of rival French auction site, iBazar.

eBay decided to launch in France using the domain name ebayfrance.com because the name eBay.fr had already been registered. eBay went to the French courts to claim eBay.fr (since disputes over French country code domain names cannot be taken before international bodies such as the World Intellectual Property Organisation).

Upholding a previous judgement against eBay, the Paris judge relied on a technicality in ruling against the US company. A rule in law allows non-competing companies to share a trade name. The disputed name is owned by iBazar’s parent company, Forum on the Net, not by iBazar. Since Forum on the Net is not a rival of eBay, the judge felt eBay did not have the right to demand the name’s transfer.

EBay is appealing against the decision.

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