Valid use of a Community Trademark through use of a domain?

In a decision dated June 14, 2010, the Higher Regional Court of Düsseldorf came to the conclusion that domain names which lead to an active homepage used in commerce have not only an address function, but also the trademark function to designate goods and services. The use of such a domain name therefore generally constitutes valid legal use. This is not the case, however, when the domain is used purely as an address, or when the domain would be understood by the users as a descriptive designation. This is how things appeared to the Higher Regional Court of Düsseldorf with regard to the domain “Zapper,” which refers to the musician Frank Zapper.