The ADR Centre for .eu domain disputes has ordered that the domain names thesilmarillion.eu abd silmarillion.eu be transferred to the company administering Professor JRR Tolkien’s intellectual property rights.
The panel accepted that the plaintiff had trade mark and common law rights in the name Silmarrillion since “The Silmarillion” is the title of one of Tolkien’s books with sales in over 90 countries and went on to rule that the disputed domain names had been registered in bad faith, noting that the respondent had posted the full text of The Silmarillion on the websites, despite having no rights or legitimate interests in the name.
Case: The JRR Tolkien Estate Limited v Haik Tonoyan, Case No. 04158, 10 May 2007. Ruling being given under Article 22(1)(a) of EC Regulation 874/2004 – Speculative or abusive registrations.
Dears,
I visited the site silmarillion.eu some months ago and there was not any books or something else.
There was info from Wikipedia and well designed site.
Concerning the domains: JRR Tolkien Estate Limited had 6 months(Sunrise Period) to register these Domains. Why they didn’t that and after registering them by Haik Tonoyan they requested and complained to take them from Haik Tonoyan.
It was not just to take them from a person who had bought these domains after Sunrise period.
Dears,
if the company is reach it can accept everything ? It is of course not just to take the domain because the respondent as I noticed has bought the Domain Name after Sunrise period.
The ADR court have no rights to take this Domain I think so.
Rone McCormack