Imagine securing a ticket to a Formula 1 race, only to be left empty-handed. No racing fan wants that. The Formula 1 Companies discovered several websites offering non-existent tickets while using their trademarks. The people behind these websites remained anonymous. The Formula 1 Companies therefore approached Metaregistrar and Mijndomein, through which some of the domain names had been registered. They wanted the services to be discontinued and to find out who was behind the websites.

The District Court of The Hague ordered Metaregistrar and Mijndomein to disclose the identifying information in their possession. After all, the evidence pointed to trademark infringement and fraud. This information would enable the Formula 1 Companies to trace those responsible for the websites. In this case, that interest outweighed the website operators’ interest in remaining anonymous. Privacy is not a free pass to continue infringing trademarks or committing fraud.

Taking a website offline is therefore not always the end of the matter. For trademark owners, identifying the people behind a website can be just as important. Intermediaries can play a key role in this process. Once they become aware of a specific unlawful situation, they may be required to disclose the information that enables trademark owners to take further steps to enforce their rights.

Mathijs Peijnenburg represented the Formula 1 Companies in this case.