INTERNET DOMAINS

Domain name registration operates on a first-come, first-served basis. This means that a domain name is registered for the entity that first submits a registration application. There is no requirement to attach any documents proving the right or legal interest in registering the name, nor is there any examination of whether the registration of the domain will infringe on third-party rights.

Consequently, in practice, there are often collisions between exclusive trademark rights and the principle of priority that guarantees actual exclusivity in using the domain on the Internet. In many cases, this conflict arises from the deliberate actions of market competitors of the trademark owner, who exploit the recognizability of the mark to reach a wider audience or block the registration of the domain in hopes of financial gain from the rightful owner.

Given the intersection of functions served by trademarks with those served by other distinguishing signs, domain disputes are often multifaceted, involving not only the issue of unlawful use of a trademark but also violations of company rights or acts of unfair competition.

Patpol Legal assists its clients in selecting the most appropriate path for recovering an internet domain in light of the facts of the case and the client’s expectations and interests. We represent them in domain disputes, both domestic and international.