Cyber Law: Clashes between Domain Name and Trademark

Assalamualaikum & Hi !

Today I want to share my Cyber Law notes. Recently I found this notes in my old laptop. This notes is just for my reference because I always lost my notes. Therefore, it easy for me to search back my notes if I post here. So, I wonder if you guys also need this notes especially Unikl miit students, I think laaa..  Just to highlight that my notes are not 100% correct, and you guys need to refer your lecturer ok!

 

Clashes between Domain Name and Trademark

  1. Lack of connection between the system for registering trademarks on the other hand, and the system for registering domain names on the other hand.
    • The trademark registration is   administered by a public (governmental) authority on a territorial basis.
    • The domain name registration system is administered by a non-governmental organization. Domain names are registered on a first-come, first-served basis.
    • The potential for conflicts inherent in two different systems of registration has been exploited by persons who have made it a practice to register as domain names for themselves, the trademarks of another person’s. This act is called cybersquatting.
    • Cybersquatting – known as cyber piracy – refers to deliberate act of reserving a domain name consisting of other person’s mark or name of company for the purpose of relinquishing the right to that domain name back to the legitimate owner for a price.
    • Cyberwarehousing – refers to the practice of registering a collection of domain names corresponding to trademarks with the intention of selling the registrations to the owner of the trademarks.
  2. Under trademark law, it allows two companies to own the same trademark but in respect of different products or service offering.
    • Both of these   companies must compete to get the domain name because the registry is able only to provide only one user with a particular domain name.
  3. Trademarks are protected only within a defined territory. There is no one system which provides worldwide rights. Two individuals in different countries may therefore own the same mark. This creates situation where two users of a trademark in the same class but in different countries may be fighting over the same domain name.

 

This is my notes and not complete, might be incorrect or correct. You may refer to your lectures. Thank you for reading.. Hope this note help you to make quick review for your subject.

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