Problems of legal regulation of a domain name in Russian civil law

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Based on a generalization of law enforcement practice in disputes related to the use of a domain name, the article presents a number of contradictions related to the peculiarities of the turnover of this object of civil legal relations. It is noted that the issue of recognizing as a violation of the economic interests of the copyright holder the domain corresponding to the brand when the products are offered on the website that are not related to homogeneous, or, for well-known trademarks, the products are not offered at all, is not fully resolved. Also, the uncertainty of the possibility of awarding compensation solely for the improper use of the domain name associated with the trademark is noted, since compensation is due for violation of the interests of the copyright holder related to the brand, and the domain name acts as a means of addressing.

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Domain name, copyright holder, trademark, means of individualization, means of addressing, compensation

Короткий адрес: https://sciup.org/170190654

IDR: 170190654   |   DOI: 10.24411/2500-1000-2019-11548

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