A Greek court denied the injunction brought by Oliver Hoger against Konstantinos Zournas and OnlineDomain.com in a Greek court.
The judge found, among other things, that since the article in question did not contain false statements the article does not have defamatory content.
“Consequently, since the aforementioned contested article of the defendant contains no false facts, it has not been libelous, according to art. 363 P.K.”
The judge also said that “the manner in which it is worded does not present an intent to insult the plaintiff.”.
“With these facts, however, since the publication in question does not contain any defamatory or insulting content for the applicant (plaintiff), it is likely that the applicant is not adversely affected, the remedial action of which would require that protective measures be taken against the defendant by prohibiting the repetition of the offense by threatening a penalty payment and personal detention, the present application must be dismissed as being essentially unfounded, and the litigation expenses of the defendant should be imposed on the applicant, since the latter lost the trial under Art. 176 KPolD.”
So freedom of speech and the truth prevail after all!
The 22 pages we wrote to support the obvious truth and freedom of speech rights was apparently not a complete waste of time and money as one might think.
This is a lesson for all parties here. Domainers, industry companies, bloggers, forums, etc. A different lesson for everyone…
There is a lot more in and all around this case involving threats, shared company addresses, false residence details on a court document, TM auctions, a US lawyer butting in before the injunction claiming to desire the good (?) of the domaining industry while I know who he represents, etc. More and more is revealed everyday and everything will come out in due time…