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Loss of domains

Price: Consult.

Loss of domains

WIPO Resolution. Domain usurpation and Criminal Law

Conflicts relating to domain names can be systematized as follows. On the one hand, conflicts between individuals, which can be based either on the discussion between two parties to obtain the same domain, or on the registration of a domain that corresponds to the brand or commercial name of one party or another. These issues can be resolved under the legislation applicable to the infringed right: intellectual property law, competition law and trademark law. On this point, the new Trademark Law expressly provides for the protection of trademarks on the Internet, establishing in its articles that the owner of the right conferred by the registration of a trademark may prohibit a third party from using the trademark in telematic communication networks and as domain name. The solution to this case involves taking legal action against the usurper, challenging a registered domain, or the registration request, alleging the violation of a provision of the aforementioned regulations. WIPO is the acronym for the World Intellectual Property Organization responsible for applying the guidelines provided by ICANN for the resolution of disputes that may arise in relation to domain names. Generally, these issues are resolved within an agile and relatively quick procedure, the cost of which is lower than the judicial resolution of the conflict, and which concludes either with the annulment or with the transfer of ownership. To resolve these issues, the above is not the last instance to go to, it is always possible to raise the problem before the courts.