Bundesgerichtshof [Federal Court of Justice of Germany], First Civil Section, ambiente.de, I ZR 251/99,

A domain name authority is neither a direct infringer nor an aider and abettor and hence generally does not bear tortious liability for third party registrations that infringe trademarks rights of others. Obligation to cancel the domain name can be based only on the disturbance liability and arises exceptionally when the objected domain name was brought to its attention and is “unambiguously infringing” or after the court determined it to be infringing.