CEU eTD Collection (2013); Korman, Tomas: The Relationship between Domain Names and Trademarks

CEU Electronic Theses and Dissertations, 2013
Author Korman, Tomas
Title The Relationship between Domain Names and Trademarks
Summary This paper analyzes the problems arising from the collision between domain names and trademarks. While both of them are similar in nature, they differ one from the other in a number of ways. On the one side stands the traditionally recognized trademark, identifying goods or services of a particular merchant, on the other side, there is the domain name; a new phenomenom serving as an address that identifies a specific location on the internet. The clash between domain names and trademarks is associated with a number of questions concerning the applicable substantive law, procedural rules and issues connected with the enforcement of the judgments. The goal of this study is to distinguish lawful use of an internet domain name from cases of its abusive or dishonest exploitation. The examination focuses on available means of legal protection on regional levels in the US and the EU, and describes an alternative to court action in the form of administrative proceeding under the Uniform Domain Name Dispute Resolution Policy.
Supervisor Sganga, Caterina
Department Legal Studies LLM
Full texthttps://www.etd.ceu.edu/2013/korman_tomas.pdf

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