Domain disputes
Domain disputes
Why
According to Russian law, domain names are not recognized as means of individualization. However, while performing an important identifying function, domains often consist of such intellectual property objects as trademarks, trade names and commercial designations. This can happen both in compliance with the law and in violation of it.
In the case of using the trademark, trade name or commercial designation as part of domain name, in order to correctly assess the situation, the application of the relevant legal norms and the conclusions of judicial practice is required. Therefore , examples of unfair use of the trademark in the domain are given in court decisions and not in laws.
In the case of using the trademark, trade name or commercial designation as part of domain name, in order to correctly assess the situation, the application of the relevant legal norms and the conclusions of judicial practice is required. Therefore , examples of unfair use of the trademark in the domain are given in court decisions and not in laws.
For whom
We help copyright holders protect identity and we also support individuals who use designations in good faith similar to protected means of identity in their domain names.
Details
The domain is not subject to intellectual property rights. Trademarks, brand names, commercial designations, however , are protected means of individualization.
Tip. The trademark is a designation for the individualization of goods and services of legal entities and individual entrepreneurs. The firm name is the name of the legal entity registered in the unified state register of legal entities. The commercial designation is the unregistered name of an enterprise of trade, industry, etc. The means of individualization also include appellations of origin and geographical indications.
The copyright holders of the means of individualization decide to independently use such objects in domain names or authorize such use by their partners. However, these objects are often used by unscrupulous entities without the consent of the copyright holders . In such cases, the copyright holder can protect their rights . It should be remembered that there are also cases of fair use of designations similar to protected means of individualization in domain names and that the coexistence of rights to an intellectual property object and a domain is possible.
Our company will help to qualify the situation that has arisen, determine the applicable rules, prepare claims and procedural documents, develop tactics for communicating with the opposite party and take part in negotiations with the opponent and in the legal process.
Our company will help to qualify the situation that has arisen, determine the applicable rules, prepare claims and procedural documents, develop tactics for communicating with the opposite party and take part in negotiations with the opponent and in the legal process.
Services
News and publications
07/10/2020
WIPO Discussion on Artificial Intelligence
On July 7–9, 2020, the second round of the World Intellectual Property Organization Discussion on the Role of Artificial Intelligence in Determining Intellectual Property Policy was held.
01/22/2020
Tobacco Company Trademark Infringement Dispute
Svetlana Uskova gave comments to Delovoy Peterburg on the dispute between two tobacco companies — Petro LLC (St. Petersburg) and Samarin LLC (Moscow).
05/12/2019
Use of geographic names in the registration of trademarks
By the Resolution of the Presidium of the Court for Intellectual Property Rights (SIP) dated 12.09.2019 No.SP-21/31, a Review on SIP practice on issues related to the use of geographical names in the registration of trademarks was taken into account.