Austrian Supreme Court: No Name Rights Through Mere Ownership

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The Austrian Supreme Court has made it clear: Owning a well-known building doesn’t grant you the right to its name—even if that name has been in common public use for decades. In its recent decision (4 Ob 77/24p), the Court emphasized the highly personal nature of name protection under §43 ABGB and rejected any automatic link to property ownership.

What this ruling means for real estate owners—and why names are not transferable assets—read the full article to find out.

Read the article by Claudia Csáky here or on the Lexology website.

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Author

Claudia Csáky
LL.M. (LONDON) | Dr.iur. (University of Vienna) | Partner
T:+43 1 401 17 - 0