The German registry, DENIC, has been ordered to delete clearly abusive domain names the German Supreme Court (Bundesgerichtshof) ruled Thursday. The court ruled that should DENIC be advised of an infringement, then they must delete the domain name when the infringement is obvious and noticeable to the registry and without delay.The case came about after a number of companies had registered domain names for Bavarian regions, and adding the German word for government. For example, regierung-oberfranken.de. The Bavarian government, who uses domain names such as regierung.oberfranken.bayern.de, then requested DENIC delete the domains in question, who obliged.
However the court case was to determine the legality of the policy to delete the domain names.
The court ruled that even a clerk at DeNIC with no legal knowledge of domain names, could easily recognise that the registrants were not entitled to the domain name of a public authority and certainly not a private company based in Panama.
The Supreme Court also noted that DENIC could only act when a "manifestly" legitimate complaint was received and then must delete the domains the subject of the complaint.
In the ruling the Supreme Court confirmed a judgment of the Oberlandesgericht Frankfurt (highest state court) from June 2010. The Court of Appeal referred to decision involving the domain name ambiente.de in the Federal Court (Bundesgerichtshofs) in 2001 in making its decision.