Domain vs Trademark: Domain to be cancelled even without an order

On 22 May 2014, the 6th Civil Senate of the Higher Regional Court Frankfurt (Oberlandesgericht) decided (- 6 W 20/14 -) that a domain management centre is obliged to cancel the registration of a domain name if it infringes a trademark right of another even without receiving an order against the owner of the infringing domain to delete it. Liability for disturbance does not necessarily require the submission of such a legally effective order against the owner of the domain name to delete the domain name.

It is adequate that the infringement is obvious and directly evident to the domain name centre sued. Even if in an order against the domain name owner the domain name is obviously incorrect, this has no detrimental influence on  the liability of the domain name centre for disturbance.