No right to ‘names of buildings’ under the law of names

The owner of a well known building known cannot prohibit other persons from using domains containing the name of the building as such.

The Austrian Supreme Court clarified that a name identifies persons and distinguishes them from others (‘identification and distinguishing function of the name’). As a highly personal right, the right to a name is not transferable. The object of the protection of a name is not only the name itself, but every designation with a name function. The protection belongs to the person who characterises the designation with a name function and distinguishes it from others.

The mere designation of a building on a property, even if known in Austria is not protected in favour of the owner of the property.

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