Domain name disputes
The notion “domain name” is well-known and clear to all internet users. However, not all of them consider the legal status of the domain name. In accordance with the Civil Code of the Russian Federation, article 1484.2.5. states the domain name as the way of addressing in the Internet. According to the Federal Law No. 149-FZ “On information, information technologies and information security” (editorship as of 18.07.2012), domain name denotes addressing of webpages in the Internet to provide the access to information, placed in the global Web. The domain name can be a subject of the deal and be included in intangible assets of an enterprise. Therefore, on the one hand the domain name is just an “address” of the website, on the other hand it is an intangible asset of an enterprise. Domain name in Russia is not regarded by law as the means of individualization. Moreover, using of a third party’s trademark, commercial name, company name or any name similar to the mentioned means of individualization in the domain name may lead to the prohibition on the use of such domain name. The use of the domain name in the same sphere as registered marks of third parties is one of the requirements for such a decision.
To date, legal precedents concerning the domain name have emerged. Domain disputes can be settled not only through judicial proceedings, but also under the UDRP (Uniform Domain Name Dispute Resolution Policy). This procedure of dispute resolution concerns some top-level domains, especially all generic top-level domains (gTLD), such as .biz, .com, .info, .name, .net, .org etc., as well as some country code top-level domains - .hk, .in and others. This procedure was developed by WIPO and adopted by ICANN in 1999.
Material value of the domain name is specified by several factors and depends on its popularity in the commercial field while being used by an enterprise. The right choice of the domain name, preventive actions to avoid possible conflicts of domains with “elder” means of individualization may become a guarantee of its advancement in commercial use.
One of the main business areas of our Agency are services on judicial protection. Our specialists have got rich experience in defense of rights of our principals at arbitration courts, regular courts, criminal litigation, as well as representation in administrative proceedings, including the Chamber for Patent Disputes and Federal Antimonopoly Service.
