(1) The Austrian political party FPÖ operates the website www.fpoe.at. It alleged that the operator of the domain www.fpo.at infringed its name rights because his site contained content similar to the official website of the party and was designed to mislead the visitors of the site into thinking it is the official website of the party.
(2) The Court denied the domain name authority’s obligation to monitor all assigned domain names for an infringement. It also ruled that the deletion of a domain name cannot be the subject of temporary injunction.
Topic, claim, or defense
Highest Domestic/National (including State) Court
Type of service provider
Limitation on Scope of Compliance (Geographic, Temporal, etc.)
OSP obligation considered
Monitor or Filter
Block or Remove
Type of law
General effect on immunity