Domain names have become precious commodities as the internet has no boundaries and no closing hours and unlike trade marks each domain name is unique. This means there can often be some pressure to be the first to register a domain name, and this can lead to disputes on the “right” to register. As a result domain name disputes can arise. Domain names and disputes are managed according to policies set by ICANN (Internet Corporation for Assigned Names and Numbers). Because of the increasing popularity of the Internet, companies have realized that having a domain name that is the same as their company name or the name of one of their products can be an extremely valuable part of establishing an Internet presence. A company wishing to acquire a domain name must file an application with the appropriate agency. Before doing so, a search is done to see if their desired domain name is already taken. When a company finds that the domain name corresponding to their corporate name or product trademark is owned by someone else, the company can either choose a different name or fight to get the domain name back from its current owners.
Disputes that arise:
Registration is on a first come first serve basis. Simply because you have a registered trade or service mark, have a registered company name, or have been using a trade name for a lengthy period of time does not mean that another person with a legitimate reason for registering the domain and who uses it in good faith must give it up. One example of this is the Prince Sports case in which Prince Sports tried in vain to have the domain www.prince.com transferred from Prince Computers in the UK. Companies with trademarks have tried to bully legitimate registrants out of attractive domain names, this has sometimes been called Reverse Domain Name Hijacking and damages can now be awarded in the US under the US Cybersquatting Act for such practice.
These are common disputes. Cybersquatting involves the registrant having registered a name, or names in most cases, in bad faith to gain some commercial advantage. This can involve trying to sell it back to a party it knows would be interested in having registration of the domain name for an inflated price or more commonly using it to direct traffic to their website or the website of a trade competitor of the trade mark holder in return for payment of a commission.
Arbitrators and the courts have been inclined to order the transfer of the offending domain name particularly if there is some bad faith or a lack of legitimate use. Reasoning for this has been that a non-native English speaker may not disassociate the “suck” from the trade mark holder’s mark. However, it has been shown that those registering a domain name incorporating a known trade mark and using the domain name to host a website to air legitimate grievances against the trade mark owner can successfully defend the registration of such a domain name. To be successful in using the dispute resolution process to acquire these domain names the trade mark holder must demonstrate the registrant has acted in bad faith perhaps by demonstrating some attempt to extract a commercial gain from the trade mark holder. In a case involving www.stopecg.com, a valid site airing discontent at the business practices of the travel guide publisher European City Guide, the domain name was not transferred. Here it was contended that a prudent person would know that the site was criticizing the company and that these were not the views of the company itself. Therefore there was no bad faith or disparagement of the trade mark. This highlights the problems that can arise with the domain name dispute process notably that inconsistent decisions arise as decisions do not have to be followed in subsequent cases. Intellectual property characterizes an extensive scope of property made by Designers, authors, Manufactures, and makers. IP Law Covers Copy privileges of Inventors or makers, Global Debt Collector has been connected with exceedingly proficient IP Lawyers around the world to secure the privileges of our Customers and their Property. Due to their particular attributes IP rights “act” uniquely in contrast to other property rights or merchandise, subsequently some IP rights are a more subtle/less reasonable question for debt collection. The potential outcomes the utilization of IP rights for debt collection are analyzed, first tending to the issues “security interests” and “seizure” under the laws of the Netherlands when all is said in done, in this way tending to these issues regarding the separate ip rights. Under the laws of the Netherlands all composed ip rights might be vowed and seizure is workable for all composed ip rights (just the ethical rights are prohibited). Be that as it may, swearing or seizing IP rights under the laws of the Netherlands is not a direct, uniform work out. Producers, lawyers, and insurance organizations believe us in light of the fact that our specialists are affirmed, affable designers who are fit for communicating complex logical analysis to a wide scope of specialized and non-specialized gatherings of people. Our in-house lab equipment likewise guarantees the most astounding standard of testing quality control, and also the comfort to perform test investigation on-demand for our clients. Maintaining and securing Intellectual Property is rapidly getting to be distinctly fundamental to remaining focused as a business in an inexorably international market. In UAE, as anyplace else, licenses, trademarks and copyrights are currently more vital than any other time in recent memory and it is fundamental to pick the correct law office to speak to you in these matters in the Japanese market. The Global Debt Collector has broad involvement with Intellectual Property law in UAE and internationally. Our group of talented patent attorneys has worked with both the Japanese Patent Office and the United States Patent and Trademark Office and have a profound comprehension of different lawful and patent frameworks. We stand prepared to bolster you in each part of enlisting, securing and adapting your Intellectual Property in Japan or around the globe. IP issues are turning out to be progressively intricate on account of three diverse and interrelated wonders, i.e., globalization of exchange, mechanical headways and developing many-sided quality of IP administrations given the advancement of our comprehension of what involves IP. At Global Deb Collector we comprehend this many-sided quality and help our clients oversee it for accomplishing and managing business development. We have a selective customer portfolio that incorporates fortune 500 organizations and in addition Pakistan’s biggest material combination, most established modern gathering, biggest miniaturized scale fund bank and greatest paper and board manufacturer. With global vision and local concentration, we are exceptionally put to help our local and international clients accomplish development through IP resources leveraging. For the social orders we work in, this means supporting advancement, prompting to improvement of better items and services for the consumers.
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