The End of the wine-info pages on opus-est-vinum.de
deutsche Übersetzung
This domain is "behind bars" and is not used for
harmless wine information pages because of precautionary purposes!
Even under the address opus-est-vinum.de information pages concerning wine have been kept earlier.
These pages have been maintained by keen wine lovers as a hobby, whereby no commercial aims have been prevailing, but it was generally informed about wine only.
The female owner of the harmless "wine pages" was warned against this and has been forced by means of an interim injunction to have the pages cancelled and to hand over the domain name to the plaintiff. Thereby considerable costs arose to the defendant, i.e. with a financial total loss amounting to approx. 12.800,00 EUR!
The Californian Vine Producer "Opus One" (Robert Mondavi vineries) has taken legal proceedings against her on account of the violation of trademark protection, as in "opus-est-vinum.de" the word "Opus" is contained, which has been trademark-protected by the company for "wine products" concerning the law of trademarks.
As justification it was mentioned that it might turn out to a confusion and the worldwide excellent reputation of "Opus one" would be damaged by means of the pages of opus-est-vinum.de!
Hereby it was not at all within the plaintiff’s interests that the operators of opus-est-vinum.de:
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are no producers or sellers of wine |
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even did not offer wine for sale within the internet pages |
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gave general information for wine friends only |
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deal with wines which cost between approx. 5 EUR for the consumer only and have cost as an absolute maximum approx. 50 EUR (the wine "Opus one" costs more than 150 EUR) |
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that the words "Opus one" and "opus est vinum" have a very different meaning. The combination "Opus one" is an artificial word combination; however "opus est vinum" is a generally known Latin message expression (one needs wine). |
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that even without knowing the meaning of "opus est vinum" one cannot pure optically mistake it with the word combination "Opus one". |
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the customers of "Opus one", who probably might be called as well-off, educated and so
as "mature person" despite this shall not be in the position to distinguish between the two internet pages.
Whereby the "Opus one" internet presentation consists of 3 pages and the internet presentation
by "opus est vinum" has consisted of approx. 500 pages, whereby it was really obvious, that the pages have been pure
information pages and did not deal with the wine "Opus one" or with Messrs. "Robert Mondavi vineries". |