Higher Regional Court Frankfurt/Main “alcon.de”

Judgement of 4th May 2000 (Docket Nr. 6 O 81/99)

If there exists no possibility of confusion of two identical marks of an undertaking (Unternehmenskennzeichen) due to the fact that they cover different goods or services, the undertaking enjoying the priority is not entitled to a cease-and-desist claim in respect of the internet domain of the younger undertaking which contains the company component common to both undertakings.