The Harju County Court in Estonia has dismissed an action filed by Tallinna Lennujaam AS requesting the transfer of the domain name 'lennujaam.ee' (airport.ee), registered in the name of M&A AS.
On 12 January 2012, the first round of applications for new generic Top-Level Domains ('gTLDs') opens. The gTLDs launched by ICANN enable the possibility for generic top-level domain names and new ...non-English character-based international domain names. This means that as well as the existing .com and .net we will soon also have new generic sites such as .music, brand/trade mark sites such as .gucci, and even international foreign-language top-level domains.
This essay assesses Greece role in determining the Former Yugoslav Republic of Macedonia's (FYROM's) European Union (EU) accession process. Based on documentary evidence, extensive interviews with ...decision-makers and leaked diplomatic cables, it emerges that Skopje's path towards Brussels has consistently passed through Athens, linked to disputes concerning the republic's name and good neighbourly relations. When improvements in bilateral relations have been evinced (1995-2004, 2004-2006), FYROM signed a stabilization and association agreement and became an EU candidate state. During periods of diplomatic confrontation (1991-1994, 2006-2011), the new republic was non-recognized by Athens, did not accede to North Atlantic Treaty Organization and failed to get a date to begin accession negotiations. It is concluded that only if Greece's relative gain concerns are adequately assuaged will FYROM's Euro-Atlantic path be completed.
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The Uniform Dispute Resolution Policy (UDRP) was implemented by the Internet Corporation for Assigned Numbers and Names (ICANN) to resolve issues of cyber-squatting - Domain Name System (DNS) - ...dispute resolution system - comparison of service providers and success rates of complainants.
Legal Context
This article discusses the changes independent Internet policy is imposing upon trademark law. The article's argument centres on the idea that the polymorphous nature of the trademark ...right is slowly drifting away from the traditional notions of goodwill and consumer protection; instead and because of the nature of domain names, existing and new policies focus on the protection of the word, creating an anti-competitive and hostile environment for users and entrepreneurs.
Key Points
This article elaborates on the thesis that the trademark right is being distorted through ICANN's UDRP in three critical ways: by paying emphasis on the protection of words, by simplifying the confusion test and by dismissing the 'fair use' doctrine. Especially, in relation to the latter, the article suggests that the UDRP itself along with UDRP panels fail, on the one hand, to protect critical speech whilst, on the other, redefine the nominative fair use of the mark.
Practical Significance
If traditional trademark practice centres on the idea that trademark law's evolution occurs through incremental judicial making, this article suggests that currently trademark law interpretations are also taking place through independent UDRP panels. This creates a substantial division between offline and online trademark law interpretations, an issue that becomes clear in the case of nominative use. However, the main issue is that because of these new 'online doctrinal approaches' the trademark right creates an intolerable environment for new entrants and shifts the focus of the protection to the mark rather than the consumer.
On a motion to strike out, the Ontario Superior Court of Justice recently considered whether a plaintiff's claims for breach of trust, detinue sur trover, wrongful conversion, or misappropriation of ...IP rights in recovering their domain name disclosed a reasonable cause of action.
Dr Lambert Pechan is an Attorney at Law and Partner of Weber & Sauberschwarz, Düsseldorf, Germany.
Trade mark rights alone do not guarantee effective protection against the phenomenon of domain ...grabbing.
The general right to a name under the provisions of the German Civil Code extends very broad protection to the natural names of natural and juridical persons. The right to a name not only prohibits the use of a domain, but also allows for claims for cancellation of an existing domain registration.
Gaps in protection are overcome in Germany by means of the Act against Unfair Competition and the general provisions of the German Civil Code. The German legal system does provide holders of registered trade marks or other symbols or designations, as well as bearers of names, effective protection against domain grabbing.
