Silvelox Group recovers Dutch domain name following WIPO ruling

Silvelox Group S.p.A., an Italian specialist in bespoke automatic and armoured doors, has successfully recovered the domain name "silvelox.nl" after a legal dispute before the Arbitration and Mediation Centre of the World Intellectual Property Organisation (WIPO). The proceeding was initiated against a former distributor that had registered and maintained the Dutch domain without authorisation following the termination of its commercial relationship with the group.

The dispute centered on the distributor’s refusal to transfer ownership of the digital asset to the manufacturer after their partnership ended. The WIPO decision reaffirms that a distribution agreement, whether exclusive or non-exclusive, does not inherently grant a partner the right to register or use a domain name containing a manufacturer's trademark. The ruling further clarified that upon the cessation of a commercial relationship, any prior implied or explicit rights to use such trademarks in digital identifiers are effectively terminated.

This outcome provides significant legal certainty for manufacturers operating through international distribution networks, particularly regarding the protection of their intellectual property in the digital space. The decision underscores that the manufacturer remains the legitimate owner of its brand identifiers, regardless of the previous operational status of the distributor.

In this proceeding, Silvelox Group was assisted by the intellectual property department of Andersen Italia, led by partner Francesco Inturri and managed by Emanuele Sacchetto. The legal strategy was conducted in coordination with the firm’s litigation and arbitration department, headed by partner Andrea Frangipane and supported by partner Jacopo Celesia, a specialist in international arbitration.