Internet
The internet is an increasingly important, arguably essential, aspect of any business. A domain name is the means by which a business is identified on the internet. It is through the use of a domain name that consumers can access information about a business online.
Accordingly, a domain name will commonly incorporate the trade name of a business or a trade mark. A domain name must be registered with an accredited registrar. If trade mark registration is sought, it may make commercial sense to seek registration of equivalent domain names also, in order to maximise the protection of a brand.
Recourse may be available if, for example, it is suspected and demonstrated that a domain name containing a trade mark is used to cause confusion on the Internet or has been registered in order to be sold for profit.
domain name advice and services
palmer biggs legal offers specialist advice and services to clients in relation to a range of issues concerning domain names including;
- domain name recovery service for brand owners
- domain name registration and portfolio management
- advice for registrars and other intermediaries in domain name cases
trademark/copyright infringement online, advice for rightsholders, ISPs and internet users
Intellectual Property infringement online can be actioned and allegations of such infringement can be defended by traditional methods (see IP Enforcement and Litigation section).
Further issues can arise in relation to the responsibility of Internet Service Providers (ISPs) or other intermediaries in relation to content. Furthermore, issues may also arise in relation to, for example, defamation and privacy. An ISP can be immune from liability under the Electronic Commerce (EC Directive) Regulations 2002 in certain circumstances e.g. where it ‘hosts’ unlawful material and takes it down expeditiously upon notice by a right holder. As such upon receipt of clear explanations of the existence of rights ISPs will usually take down material promptly.
palmer biggs legal regularly achieves removal of content from the Internet for rights holders where infringement can be shown. Palmer Biggs also provides advice to ISPs, intermediaries and web site owners where allegations of infringement are made.
If you require further information please contact us.
UDRP disputes (gTLDs such as .com / .net / .org etc) WIPO, NAF & Czech Arbitration Court
Co-author of the legal 'bible' on domain names "Domain Name Law & Practice: An International Handbook"
.eu ADR dispute Panellist
