Sorainen has successfully represented insolvent credit union Taupkasė in a domain registration case.
According to Sorainen, Taupkasė (which is under the administration of Klaipedos Administratoriu Biuras) sought the acknowledgement of its right to two domain names (www.taupkase.lt and www.taupkasė.lt) registered by the former chairman of the board and for the domain registration to be transferred to it. The firm reports that "the court fully upheld our client’s claim, thus forming new case-law whereby the actions of the company’s governing bodies can be treated as fraudulent and constitute grounds for revoking domain registration."
According to Sorainen, "one of the two domains was registered by the former chairman of the board before the union changed its name from Verslo credit union to Taupkasė and before the union registered its trademark Taupkasė. The court explained that as the founder and member of the union, the former chairman of the board was involved in the union’s activities and should have known that the union was going to change the name and apply for trademark registration. Nevertheless, he registered the domain in his own name. The court found that the former chairman of the board had fraudulent intent when registering and using the domain, and based on that cancelled the domain registration. The second domain was registered after the union changed its name and registered the trademark Taupkasė. The court ruled that the rights to it were protected by the union’s registered name and trademark."
The Sorainen team was led by Partner Kestutis Svirinas and Senior Associate Kazimieras Karpickis.
This is the third successful result for Taupkasė Sorainen has reported recently, following a case regarding whether a share can be recognized as a deposit and a dispute with employees over the amount of downtime pay and termination compensation they are due (both reported by CEE Legal Matters on July 10, 2019).