Two judgments in comparison
Sometimes it happens that two companies competing with each other use addresses of sites with similar names without these addresses having previously been registered as trademarks.
It has happened, for example, that two companies have created, in subsequent times, two sites that offer almost identical services (tourist and historical information on Rome) and that have chosen domain names, respectively, www.romeonline.it and www. romeonline.net.
The confusion is clear, and in fact the owner of the domain registered first turned to the Court of Rome to inhibit the further use of the domain registered in the following period (www.romeonline.it).
The judge who dealt with the matter established that the attribution of the name Romeonline.it to the Internet address, adopted after the registration of the domain Romeonline.net, does not constitute an offense in that it is a “…. descriptive trademark. and therefore weak, as it lacks individualizing function and sufficient distinctive capacity “.
In a similar case, the Court of Milan instead recognized wider protection.
The lawsuit (dating back to August 97 and previously mentioned) was initiated by Amadeus Marketing, a company operating in the tourism and hotel services sector, as well as the owner of the Amadeus.net website (through which it offers its services) and the Amadeus registered trademark.
The Amadeus company turned to the Court of Milan to inhibit the use of the Amadeus.it site, owned by Logica srl, through which it was offered – through links – the possibility of consulting pages concerning companies providing various tourist services, also with faculty of online booking.
The concrete risk of confusion of the distinctive signs was confirmed in an indisputable manner by the Court of Milan, however, the use of the domain Amadeus.it was not generally precluded but the injunction was sentenced only in reference to the tourism sector.
In essence, the Court of Milan ordered Logica srl to preclude access, through the Amadeus.it website, to booking and tourist services in general and the related information and online reservations.
In fact, by visiting the Amadeus.it site today you no longer read any reference to tourist and hotel services, nor are there links to other tourist-type sites.