Domain name: The Court of Cassation rules on the difficulty for the holder of a domain name to protect it against the attacks of which it is the object (Soficar/Tourisme moderne)

*This article is an automatic translation of the original article, provided here for your convenience. Read the original article. – Cass. com, 13 December 2005, SA Soficar c/ SA Le Tourisme moderne, compagnie parisienne du tourisme, n° 04-10.143 A year and a half after its first decision on the unfair use of a trade name in a domain name (Cass. com., July 7, 2004, n° 02-17.416, subject of a previous comment in this review, n° 1-2004, p. 68, note D. F.- S. M.), the Court of Cassation has just handed down a new ruling in a dispute between the holder of a trademark and a website and the holder of an identical domain name. In the present case, the company Le Tourisme moderne, which is active in the organisation and sale of travel, was the owner of the Locatour trade mark covering