The Supreme Court of Lithuanian examined the case in which the owner of “EuroBasket” trademark FIBA sought to prohibit a defendant from using the domain name “eurobasket.lt”.
The Supreme Court of Lithuanian pointed out thatthe domain name registration can be attributed to both legitimate and illegitimate interests. In the latter case, when there is an infringement of the third party rights and legitimate interests (e.g. intellectual property rights or the violation of the right to a natural person’s name), the registration of a domain name on a “first come, first served” basis cannot be perceived as entirely precluding the possibility to challenge continued use of the said domain name.
The court stated that the domain name is identical to the plaintiff’s trademark, it is used by the defendant for identical services as the plaintiff’s trademark; therefore, it may mislead the consumer as to identification of the provider of the service, infringes the applicant’s rights and interests, is contrary to fair practice and tarnishes the image of FIBA.
The defendant in this case failed to establish a fair interest to use the domain name “eurobasket.lt” and could have had fraudulent intents while using it: deceiving the public with the aim of attracting a larger number of users to his website.