The state of Montenegro is not obliged to pay 45 million euros in damages to the company "Domen" because the contract for the registration of the trademark . Me is not automatically extended, the judgment of the Commercial Court judge Darko Bulatović.
This is a first-instance verdict, which the company has the right to appeal to the Court of Appeal, but it is the second one issued by the Commercial Court in this dispute.
At the beginning of last year, the Commercial Court already found the request of "Domain" unfounded, but the Court of Appeals overturned parts of that verdict and sent it back for a new decision.
The value of the dispute, the company's lawyers previously explained, relates to the period from March 31, 2023 to March 31, 2033, 4,5 million euros per year, or a total of 45 million.
The lawsuit came in mid-2023, after the Ministry of Economic Development and Tourism, then headed by Goran Đurović, published a public call and documentation for the selection of a national internet domain registration agent . Me.
The company "Domen", which had been the agent since 2007, responded with a lawsuit, believing that the existing contract had been violated.
“The claim seeking to determine that the Domain Registration Agent Agreement is . Me, concluded on 8. 2. 2008 between the plaintiff and the defendant together with the annexes... concluded between the plaintiff and the Government of Montenegro..., in legal force and to produce legal effects until 31. 3. 2033, as unfounded. The plaintiff is obliged to compensate the defendant for the costs of the proceedings in the amount of 21.600 euros, within eight days from the date of the finality of the judgment," states the judgment of Judge Bulatović dated 9 October.
NEGLECTED “HONESTY AND GOOD BUSINESS PRACTICES”
"The plaintiff bases his request to determine that the contract with its annexes is legally valid until 31 March 2033 on the claim that he reliably informed the Government of Montenegro of his intention to extend the contract under the same conditions, by sending a notice of his intention to extend the contract through the American Chamber of Commerce, attached to the questions for the Prime Minister, to the Prime Minister's Office, in conjunction with the 'Open with the Prime Minister' event, which was held on 6 June 2022, organized by the American Chamber of Commerce in Montenegro," the verdict states.
However, according to Judge Bulatović, it is irrelevant whether President Viada's office and his advisor forwarded the issues to the relevant ministries, including the Ministry of Economic Development and Tourism, whose jurisdiction was to monitor the implementation of the contract.
"...Because the above questions are forwarded in order to prepare the Prime Minister for the patron meeting, and not in connection with the adoption of a decision by the Government of Montenegro on the extension of the contract with the plaintiff. Based on the above, the plaintiff did not, in accordance with good business practices and established practice in the performance of its obligations, reliably inform the defendant of the intention to extend the contract, by sending a notice of intent to the address of the Government or to the address of the Ministry of Economic Development and Tourism, but rather did so in preparation for an event organized by the American Chamber of Commerce, which is not a contracting party, via e-mail... by which he acted contrary to the principle of conscientiousness and honesty and good business practices, so there is no failure on the part of the defendant to provide a timely response to the plaintiff, which makes the claim unfounded", says Judge Bulatović.
BRAND AGENT SINCE 2007
Internet acquaintance . Me It was granted to Montenegro after it gained independence in 2006. Since 2007, the main registry, or registration agent, of this internet mark has been the company “Domen”. Registration, first for registered trademarks, and then open, began in 2008.
Internet mark of Montenegro . Me domain, has been globally available for registration from the beginning, unlike, for example, the national top-level internet domains of neighboring countries - Croatia (hr), Bosnia and Herzegovina (ba), Serbia (rs). The reason for this, among other things, is the attractiveness of the mark and the fact that . Me It gives sound to internet addresses in foreign languages, such as English.
“Domen” was founded in October 2007 by the American “GoDaddy”, the Irish “Afilias” and the domestic “ME-net”. Among the founders of the “ME-net” company are: Oleg Obradovic i Predrag Lešić.
"Domen" requested 4,5 million euros per year, for the period from 2023 to 2033, from the state because their contract for the trademark registration agent was not extended. . Me
A public call for the first Montenegrin Internet domain name registration agent was published in November 2007.
Then, along with the “Domain”, they were used to manage . Me “Demand Media” and “eNom” were interested in the address, when the local company “MeNom” was also presented.
At the end of September 2007, when the American company "Demand Media" offered Montenegro a partnership for a national internet label, support for this, "Vijesti" wrote at the time, was also recommended by the then director of the Microsoft office for Montenegro, Oliver Obradovic, brother of Oleg Obradović.
For work around . Me The company “VerySign” was also interested in the domain at that time.
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