Specialist trademark registration lawyer explains the new trademark registration regime in the UK and Europe. The author is focused on trademark registration cases including obtaining effective injunctions, litigating for damages and contracts across all type of industries. He can be contacted on 0207 305 7491 or at email@example.com.
The following 15 tips are not meant to substitute for legal advice from a suitable qualified lawyer. They are however a starting point for small and medium sized enterprises and consumers on UDRP and domain name disputes.
The 15 Tips
1.ICANN and the UDRP – Due to the international nature of the Internet a method of dealing with disputes over domain names that would apply internationally was needed. The Internet Corporation for Assigned Names and Numbers (ICANN) devised the Uniform Dispute Resolution Policy (the Policy) to allow a quick, affordable way to resolve domain name disputes without the cost and delays of Court litigation. The Policy is numbered from Paragraphs 1 to 9. In addition there are the Uniform Dispute Resolution Rules (the Rules). The Rules are numbered 1 to 21. The Policy sets out the legal rationale behind the Rules. The Rules set out the actual procedure of uniform domain name resolution. The 2 are to be read in conjunction. In addition each ICANN approved dispute resolution provider has its own rules.
5 tips domain name disputes
Here are 5 tips domain name disputes.
1. 5 tips domain name disputes – Starting point – Generally, a holder of a domain name and the holder of a trade mark to that name can have equal entitlement (except when the brand name is so established that a domain is no longer just an address).
Domain name protection lawyers give guidance on domain name disputes
The point of a trade mark
The point of a trade mark is to identify the origin of a product or service and the cornerstone of liability is confusion. Unlike in the US, in UK law a trade mark cannot be infringed by dilution only; there must be an element of confusion. Generally, a holder of a domain name and the holder of a trade mark to that name can have equal entitlement to that name (except when the brand name is so established that a domain name is no longer just an address).