Havel, Holásek & Partners represented the Czech Ministry of justice in an arbitration, helping to block and transfer domain names infringing the rights of public entities |
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In November 2011, Havel, Holásek & Partners released information about a restraining order issued by a court of justice to block the domain ministerstvo-spravedlnosti.cz. This was the first very important ruling in the disputes involving domain names that were unlawfully used to promote a local register of debtors, Centrální registr dlužníků ČR. Centrální registr dlužníků ČR is not an official debt register, but is merely a private project. Based on generally available information, major financial institutions do not cooperate with the register and do not acknowledge the no-debt certificate issued by the register for a fee. The Czech Ministry of Justice, represented by Havel, Holásek & Partners, instigated an arbitral proceeding before the Arbitration Court attached to the Economic Chamber of the Czech Republic and the Agricultural Chamber of the Czech Republic immediately after the issue of the restraining order, seeking an order imposing the obligation (i) to permanently cease and desist from using and operating the domain names ministerstvo-spravedlnosti.cz, obvodnisoud.cz, okresnisoud.cz, mestskysoud.cz, krajskysoud.cz, vrchnisoud.cz, and nejvyssisoud.cz, (ii) to refrain from transferring these domain names to any third parties other than the claimant, and (iii) to transfer those domain names to the claimant. In December 2011, i.e., approximately one month after the issuance of the restraining order, the Arbitration Court fully upheld the request for arbitration and awarded the claimant the reimbursement of the arbitration expenses, as requested. Thus, the intention of the Czech Ministry of Justice to prevent the unlawful use of misleading domain names and to have them transferred was accomplished, with the assistance of Havel, Holásek & Partners, in less than three months after the submission of a petition for a restraining order. The prompt and efficient course of action in the case of the misleading domain names that unlawfully infringe upon the rights of the Czech Ministry of Justice sent a clearly positive signal to numerous other entities whose rights are unlawfully infringed by domain names. The success of the Czech Ministry of Justice, represented by Havel, Holásek & Partners in the arbitral proceedings, indicates that domain name disputes can be resolved by granting the aggrieved party prompt, efficient and cost-effective protection. |
Havel, Holásek & Partners represented the Ministry of Justice in arbitral proceedings concerning the blocking and transfer of certain domain, names that unlawfully used the name of the Ministry (ministerstvo-spravedlnosti.cz) and the names of the courts of justice (obvodnisoud.cz, okresnisoud.cz, mestskysoud.cz, krajskysoud.cz, vrchnisoud.cz, and nejvyssisoud.cz).
