DOMAIN NAMES LITIGATION
The concept of a "domain name" is well-known and understood by all Internet users. However, only few of them really muse about the legal status of a domain name.
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Litigation is one of the core activities of our IP Law firm. Our employees have extensive practical experience of enforcing our clients' rights in arbitration proceedings, in the law courts of general jurisdiction and in criminal cases, as well as in representing clients in administrative disputes, involving proceedings at the Patent Disputes Chamber and Antitrust Service.
What is a domain name?
Domain name definition
In accordance with the paragraph 5 of Clause 2 of Article 1484 of the Russian Federation Civil Code, a domain name is a method of addressing on the Internet.
A domain name can be the subject-matter of transactions and a part of a legal entity intangible assets.
Dual concept
Thus, on the one hand, a domain name is just an “address” of a website, and on the other hand, it is an intangible asset of an enterprise.
The material value of a domain name
The material value of a domain name is determined by several factors and depends on its commercial prominence when used by a business entity. Selection of the right domain name and taking preliminary steps to prevent potential conflicts with “prior rights” can be the key to its promotion and commercial use.
Domain name in Russia
In Russia, a domain name is not a legally recognized “means of individualization”, and the use of another person's trademark, commercial designation, trade name or designations similar therewith, in a domain name, may result in prohibition to use the domain name.
One of the mandatory conditions for making such a decision is the use of a domain name in the same area as the registered designations of the third parties.
Some legal cases of domain names enforcement with our participation (domain names disputes)
CASE NO. A40-95113/12-19-740 (PLAINTIFF'S SIDE)
Case No. A40-95113/12-19-740 (PLAINTIFF'S SIDE)
The use of the trademarks and confusingly similar designations in the domain name is prohibited.
More details (court decision, pdf)
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