POLICE as a Protected Name?

The term "police" enjoys name protection because it permits a clear attribution to the police authorities of the federation and the federal states. In case of unauthorised use of the name, these authorities may demand cessation.

A company from Witten advertised under the domain polizei-jugendschutz.de for anti-violence seminars and victim protection. In addition, corresponding training courses and information as well as behavioural tips were provided. The advertising was directed primarily at parents.

The federal state of North Rhine-Westphalia (NRW) operates, in part in cooperation with the federation and other federal states, the internet portals "Youth Protection – Police North Rhine-Westphalia" and "Police Advice – Youth Protection". In addition, it is the owner of two trade marks in which the term police is used.

After the federal state had unsuccessfully requested that the company cease its commercial activities using the term police, it brought an action for cessation and release of the domain. With success.

Court Decision – POLICE Enjoys Name Protection

By its judgment of 20.05.2016 – 12 U 126/15 the Higher Regional Court (OLG) Hamm confirmed the position of the federal state as well as the first-instance decision of the Regional Court (LG) Bochum (Az. I-17 O 44/15).

The civil law name protection extends to legal entities under public law. These include states, federal states, municipalities, universities, corporations and institutions under public law. Individual functional units of public administration without their own legal capacity may also participate in name protection, provided that the term in question is not merely a generic term.

The term "police" is entitled to name protection, as this term permits a clear attribution to the claimant state and its institutions, even without further elaboration.

The company had used the name without authorisation, as it was not a bearer of public police powers. This created confusion as to attribution. In this regard, it must be considered that the domain polizei.de leads to the official home page of all state and federal police authorities, from which the individual ("subordinate") websites of the various police authorities can be accessed. This alone gives rise to the suspicion that the domain polizei-jugendschutz.de is connected to the police authorities of the state or the federation.

The argument concerning the external design of the company's website did not convince the court either. It found that the legitimate interests of the state were violated by the confusion as to attribution.

Conclusion

As confirmed by case law on several occasions, administrative designations enjoy name protection. This means that any unauthorised use constitutes usurpation of a name. The authorised authority may therefore demand cessation. If the name is used in the context of a domain, the authority may furthermore demand the release of the domain.