1. Naming rights or corporate designation protection
First, a claim for surrender against the current owner of the TLD from the so-called. § 12 BGB or corporate trademark protection according to § 5 para. 2 TrademarksRegistered. For this purpose, the specific name, which also appears in the domain, must have a legally enforceable distinctive character and be worthy of protection. Only descriptive information is not sufficient and such a claim would be omitted right from the start. However, if there is a protective, individualizing name, an unauthorized name presumption within the meaning of § 12 BGB presupposes that a third party uses the name without authorization and thereby causes confusion in the traffic. A domain registration is considered to be unauthorized if the domain owner does not have his own right to the corresponding name. The decisive factor is that there is a distinctive name in the domain that the general public assigns to the company (eg adidas).
However, the decisions of the courts here are very scattered and small differences omit the claim, for example, the OLG Hamburg has denied the claim, since in the present case, the name of the plaintiff time originated only after the registration of the domain name (OLG Hamburg, judgment of 09.04.2015, Az: 3 U 59 / 15).
Furthermore, one could according to anticompetitive claims. §§ 8 Abs. 1,4 Nr. 10 UWG appointed. By registering the domain name, the competition law possibilities for development could be restricted. After all, traffic can expect the company under the domain name that actually bears the name. However, these claims are nevertheless regularly rejected because the priority principle applies to the domain assignment and impairment must therefore be accepted in principle. The other party can usually be accused of no abusive behavior. Because even if this has no serious interest to publish their own content under the domain name, the BGH denies a legal abuse.
Basically, therefore, is to be noted in a judicial proceeding, that although claims may exist, but these must be examined very carefully, because little things make a difference in the rating, especially if in the domain is a distinctive name and if the name right before registration of the domain duration. A judicial procedure is nevertheless very risky, since there is no uniform jurisprudence.