Domain Name Rights and Legal Protection
With the widespread use of the Internet, domain names have become an important part of brand identity for businesses and individuals. However, situations such as misuse of domain names and unfair competition are also increasing.
Domain Name Misuse and Unfair Competition
Some third parties may register domain names similar to trademarks or names at low costs and gain unfair advantage by:
- Establishing websites that violate trademark rights
- Selling domain name at high prices
- Engaging in malicious commercial activities
In such cases, the cancellation of the domain name or a precautionary injunction against the person concerned may be requested by taking legal action.
Legal Procedure for Domain Name Cancellation
The domain name can be cancelled by applying to the World Intellectual Property Organization (WIPO) Arbitration and Mediation Centre.
In order for the application to be accepted, 3 basic criteria must be met:
1 The domain name must be identical or indistinguishably similar to the trademark rights of the person or organisation complaining.
2 It must be proven that the domain name owner has no legal right to this domain name.
3 It must be proved that there is bad faith in the domain name registration.
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