نام های دامنه و حل اختلاف

The nature and types of domain names and methods of registration are outlined. Significant differences between domain names and trade marks, and the conflicts that can arise between holders of these distinct intellectual property rights are discussed. Examples are given of disputes involving cybersquatting, i.e., where domain name registrations including established company names or trade marks have been made with the objective of selling them back to that company. The operation of the Uniform Dispute Resolution Policy (UDRP) is described, including the provisions for transfer of an improperly registered domain name, and the ways in which complainants can invoke those provisions and domain name holders can defend their registrations. Finally, the author outlines the procedures of WIPO, one of the UDRP service providers, in resolving disputes rapidly.

It is becoming increasingly important for intellectual property search professionals to be aware of the interaction between domain names and trade marks, when carrying out searches for either or both of these intellectual property rights. This paper outlines the potential conflicts between domain names and trade marks and introduces a relatively new resolution method for dealing with domain names registered in bad faith.

Register your important trade marks as domain names (preferably gTLDs). 2. File trade mark applications to provide evidence of your trade mark rights. 3. Consider setting up a domain name watch to identify cybersquatters. 4. If you discover a cybersquatter, file a complaint using the dispute resolution procedure.