8.10.2011

Official Journal of the European Union

C 298/11

(Case C-376/11)

2011/C 298/21

Language of the case: French

Referring court

Parties to the main proceedings

Apellant: Pie Optiek

Respondents: Bureau Gevers, European Registry for Internet Domains

Questions referred

1.Must Article 12(2) of Commission Regulation (EC) No 874/2004 of 28 April 2004 laying down public policy rules concerning the implementation and functions of the.eu Top Level Domain and the principles governing registration be interpreted as meaning that, in a situation where the prior right concerned is a trade mark right, the words ‘licensees of prior rights’ may refer to a person who has been authorised by the proprietor of the trade mark solely to register, in his own name but on behalf of the licensor, a domain name identical or similar to the trade mark, but without being authorised to put the trade mark to other uses or to use the sign as a trade mark — for example, for the purpose of marketing of goods or services under the trade mark?

2.If that question is answered in the affirmative, must Article 21(1)(a) of Commission Regulation (EC) No 874/2004 of 28 April 2004 laying down public policy rules concerning the implementation and functions of the.eu Top Level Domain and the principles governing registration be interpreted as meaning that ‘rights or legitimate interest’ exist even if the ‘licensee of prior rights’ has obtained registration of the.eu domain name in his own name but on behalf of the proprietor of the trade mark where the latter is not eligible in accordance with Article 4(2)(b) of Regulation (EC) No 733/2002 of the European Parliament and of the Council of 22 April 2002 on the implementation of the.eu Top Level Domain?

Language of the case: French

(1) OJ 2004 L 162, p. 40.

(2) OJ 2002 L 113, p. 1.