Infographic | Domain names and trademarks

17 mayo, 2023
Infografía_Internet Trademarks_feature
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Most domain names are registered on a first-come, first-served basis.

This has caused Cybersquatting to be an actual thread to trademark owners from the beginning

Preventing Cybersquatting

Now it’s done through different means

The ICANN has put in place a Sunrise period and a Claim period for most domain names, where trademark owners can claim domains in advance for their marks or claim that it had a better right over someone else through the Claim period.

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Such discussions are generally resolved by a Trademark Clearing house appointed by ICANN.

Nonetheless, if the trademark owners fails to use those alternatives, it may also use Uniform Domain Name Dispute Resolution Policy (UDRP).

On such bases and its rules, trademark owners can sue for the cancellation or transfer of domain names on the grounds of prior rights, lack of legitimacy from the domain name registrant and bad faith.
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Most used arbitration center for that purpose is WIPO.

Mandatory
Protocol

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This protocol is mandatory for all ICANN-accredited registrars:

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Responsible for registering domain names under generic top-level domains (gTLDs) such as .com, .org, .net, etc.).

ICANN has allowed the introduction of new gLTDs (e.g., .nyc, .shop, .film, .family, .bmw, etc.) and has also created additional rights protection mechanisms, for example:

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The Trademark Clearinghouse, which operated as an international repository of trademark data.

It can be used in various ways, one being trademark holders receiving notification when a domain name matches their registered trademark.

ICANN is committed to reviewing all rights protection mechanisms before expanding any further their gTLDs.

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