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.
