International Domain Name And Trademark
The relationship between international domain name and trademark has become one of the most disputative issues of the commercial development of the Internet and the trademark law.
Usually, all companies try to acquire registration of domain names which are similar to their trademarks. This has led to an acute problem in relation to the international domain name and the trademark law. The trademark law grants the right of sharing the same name among many units, if they are not in rivals in business. For instance, there can be a McDonald's computer company and a McDonald's hamburger company. But, on the internet there can be only one owner with a domain name.
Because of the arrival of domain name system, the trademark owners have started imposing their rights over domain names that resemble their existing trademarks. And, as we all know that domain names are worldwide and not constricted by any goods or services. Henceforth, it would mean protecting a trademark outside the perspective of its consumer market.
This has led to an increased number of litigations between trademark holders and international domain name owners.
This variance could only be settled when the domain name user actually used their website to vie with the trademark owner. This fight of the new technology with the customary trademark rights have led to numerous high profile conclusions. The court of different states tried to address the issue within the boundaries of the trademark law. In many cases, the court has not yet been able to successfully resolve this issue and the case is still going on.
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