Law of Domain Names

Domain names and IP - Cybersquatting and violation of intellectual property

Trademark violation

Trademarks are typically very popular targets for cybersquatters, because trademark-like domain names are able to confuse internet users and attract them to the websites of squatterrs, they can be sold to the trademark owner, or even to his competitor. Please follow this article to learn more about clashes between abusive domain name registration and IP rights

 

Hard cases

Cases where the domain name is identical to a trademark are easy to resolve. However, the things are not as simple as it may look. There are two problems that deserve a closer attention.
The first is the situation where the domain name holder holds a name which is confusingly similar to a trademark but does not use a domain name in any way. In this case the domain name holder does not use this domain name in a way that creates confusion among customers and does not violate trademark law.
The second problematic issue is use of words identical to trademarks in domain names such as porschefanclub.com where the trademark protection interferes with freedom of speech. Please read following article to learn more about this problem.

http://www.coollawyer.com/webfront/pdf/CybersquattingArticle.PDF

 

 

If you wish to learn more, you may read through this article, which is however focused mainly on US anti-cybersquatting act (optional)

http://ilt.eff.org/index.php/Trademark:_Domain_Names