The legal status of a domain name in Russian civil law

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The legal status of a domain in Russian civil law is not fully defined, since it does not apply to individual intellectual property, which is generally justified, given that it can only be one of the components of a trademark. From an economic point of view, a domain name simplifies the sale of goods via the Internet, in this sense it acts as a means of addressing, simplifying the search for goods under the company name of the company that holds the trademark. An analysis of the practice of resolving disputes related to the use of domain names has led to the conclusion that there are two positions regarding the legal status of the domain. It can be considered as a means of addressing, in this case, in order to protect the economic interests of the copyright holder, it is necessary to prove the presence at the address corresponding to the company name of goods similar to products manufactured under the trademark of the copyright holder, but not really connected with it. A domain can be understood as a component of a trademark, but even in this case, uncertainty arises regarding the legal status of a given object of civil legal relations, due to the need to establish the fact that a brand is mixed with a domain name.

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Domain name, intellectual property, combined trademark, confusion, copyright holder, economic benefits, brand, goods

Короткий адрес: https://sciup.org/170186635

IDR: 170186635   |   DOI: 10.24411/2500-1000-2019-11595

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