Intellectual Property on Domain Names

I. What is a domain name?
A domain name is a unique internet address, for example agentiatas.ro, under which the services are available on the internet, and through which internet users can access a website only by typing in the address bar of the browser on which they use the domain name.

Whenever you visit a website, the domain name appears in the address bar of the web browser. Some domain names are preceded by “www” (which is not part of the domain name), while others omit the prefix “www”. All domain names have a domain suffix, such as .com, .net, or .org.

The domain suffix helps identify the type of website that the domain name represents. For example, “.com” domain names are commonly used by commercial sites, while “.org” websites are often used by non-profit organizations. Some domain names end with a country code, such as “.dk” (Denmark) or “.ro” (Romania), which helps identify the location and audience of the website. Initially, there were seven generic top-level domains (gTLDs):. com,. edu,. gov,. int,. mil,. net and. Org. Between 2000 and 2004, the Internet Corporation for Assigned Names and Numbers (ICANN) launched several new gTLDs. These were. aero,. biz,. coop,. info,. museum., pro ,. Asia,. How,. jobs ,. mobi,. post,. tel., travel., and name. Then, in 2010, The Internet Corporation for Assigned Names and Numbers began accepting applications for new top-level generic domain names.

The best way to protect the domain name is to register it with one of the State Offices for Inventions and Trademarks nationwide, european or international, because only in this way an intellectual property right can be obtained over the domain name used both online and offline. The domain name is registered in the same form as any other trademark for which registration is sought. The intellectual property right that the domain name has after its registration can definitely help if someone tries to copy your domain name or uses it without the consent of the right holder. The registration of the domain name is generally done by a legal entity specialized in intellectual property, with a legal advisor, who can help you with more information and details on all aspects related to the protection of your brand/trademark/domain name.

Methods of resolving the infringement of intellectual property rights

1. Notice of warning and termination

If you find out that another person is using your trademark that is registered and protected by an intellectual property right, on the market without your consent, you have the classic option to file a lawsuit or even notify the criminal investigation bodies. As a less expensive and much faster alternative, you can send a formal notice asking the person not to infringe your trademark right. Thus, you can inform him about a possible conflict and ask him not to use the respective trademark under the threat of the lawsuit, or to propose to him to negotiate an agreement for the coexistence of the two trademarks. The content of such a notification differs from case to case, depending on the specific situation, and involves the invocation of relevant legal texts and arguments. Therefore, it is advisable to be assisted by a specialist/lawyer in intellectual property, to help you give a more formal and official note to the notification and to document it properly. Unfortunately, these notifications do not always have the desired effect. In practice, there are many cases where notifications are ignored and violations continue unhindered.

2. The Alternative Dispute Resolution methods (ADR)

Used by the World Intellectual Property Organization (WIPO) to resolve conflicts are separate from traditional methods, which start from the idea that the sources and causes of conflict must be eliminated, being a more “tough” and which can lead to more conflict, increased expenses but also a lot of lost time. ADR methods do not focus on eliminating conflicts or their sources and causes, but on better managing conflicts, starting from the idea that anyone must try to reach an agreement before resorting to force but also to the idea that the use of force does not lead to the best results. Through this approach to conflict resolution, coercion is replaced by the initiative and consent of the parties, so that the positive stimulation of the parties involved is reached. Changing the way conflicts are resolved is obviously a social step forward: in a civilized society we prefer understanding and communication to coercion. This solution also induces a preventive effect, minimizing the current conflict and eradicating possible new conflicts. By using coercion and coercive force as the only form of conflict resolution, we will end up giving rise to more potential conflicts than we manage to resolve.The 3 countries with the most cases of domain name disputes are the United States with 976 cases, France with 553 cases and the United Kingdom with 305 cases.

3. The Judiciary Action

If the parties do not agree to resolve the dispute amicably, the party whose intellectual property rights have been infringed may request the court to stop the infringement of intellectual property rights by registering an injuction order and a civil action.
Domain name theft is one of the most devastating things that can happen to you on the internet. In an economy where businesses depend on their online presence, losing control of a domain name is a frightening thought. In an instant, everything – from your website to your company’s email addresses and probably all the accounts connected to them – can be hijacked and used by malicious people. There are laws that protect your ownership, but legal proceedings can be lengthy and costly, and until you recover your domain name, your company’s reputation will be irreparably damaged.

Sources: WIPO
https://www.bitlaw.com/internet/domain.html
https://techterms.com/definition/domain_name