Monday, June 15, 2015

The relationship between Domain names and Trademarks/Trade Names

A "club is a club": sports clubs, fan clubs, night clubs to use a domain name ending in ".club".
A recent publication on the relationship between domain names and Trademarks / Trade Names.

Summary: "The main research question is, how do domain names relate to trademarks/trade names? This main research question will be answered based on the two most relevant aspects regarding this question. The first aspect is whether a domain name can, by itself, be regarded as a trademark/name. Domain names used for commercial purposes have the capability to be regarded as registered/ unregistered trademarks/ trade names and also as well-known trademarks/trade names. Whether the same applies to domain names used for non-commercial purposes cannot be answered conclusively. The second aspect, for answering the main research question, is whether domain names can infringe a trademark/trade name".

Source (PDF Download): http://www.law.lu.se/WEBUK.nsf/(MenuItemById)/JAEM01exam/$FILE/Stefan%20Kuipers.pdf (Stefan Kuipers).

  • Trademarks: submit your datas into the Trademark Clearinghouse (also called "tmch") to participate in coming Sunrise Periods;
  • Student Clubs can register their domain name with Uniregistry;
  • Jovenet Consulting informs and provides consultancy services on New gTLDs;
  • The Trademark Clearinghouse calendar is available here.

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