DOMAIN NAMES AND THE INTERNET

WHY REGISTER YOUR DOMAIN NAME ?

Commercial practices in today’s business world are centred on the multi-media enterprise. Given the ever-growing interest in the Internet and e-commerce medium, the protection of your domain name forms an important step into the development and evolution of your business.

The fact is that a domain name figures as a quasi indispensable business card. It is the most direct expression and advertisement of a distinguishing business reference mark (a trade mark, a trade name or some other business identifier) on the Internet.

In order to safeguard your rights and avoid disputes, it is recommended that you register your trade mark, trade name, corporate name or any other business identifier as your domain name. Conversely, it is also possible to arrange for your domain name to be protected as a trade mark.

WHAT IMPACT DOES THE INTERNET EXERT ON YOUR INTELLECTUAL PROPERTY RIGHTS ?

In the event it should become apparent that your trade mark has already been registered as a domain name by a third party, you can in that instance (under certain circumstances) contest this and demand the transfer and assignment of the domain name to you. This procedure can be instituted before the qualified arbitrage agencies but also before the competent courts, based on rights already previously assigned to you.
In addition, you have to be alert to the use of your intellectual property rights on the Internet. The great success and the ready use of the Internet and the e-commerce channels do, indeed, mean that other parties can gain easier access to your creations (trade marks, drawings, models, etc). Whenever you note that others are making illegitimate use of these, you are unquestionably entitled to act upon this.

 

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WHAT SERVICES CAN KIRKPATRICK PROVIDE FOR YOU ?

  • Kirkpatrick will investigate the use of the descriptive trade mark and conduct a thorough analysis of its current use and availability so that you will be in a position to make a well-informed decision about the registration of your domain name.
  • Kirkpatrick will offer you legal and commercial advice and collaborate with you in order to work out the most fitting strategy to have your domain name protected.
  • Kirkpatrick will keep watch on your domain name or the domain name of a third party in order that you may receive an unambiguous picture of your competitors’ rights.
  • Kirkpatrick will provide guidance during your negotiations with other parties within the context of the transfer of a domain name and offer advice in your search for solutions.
  • Kirkpatrick will represent you during arbitrage procedures in the context of dispute settlements regarding domain names.
  • In the event there is question of illegitimate use of your intellectual property rights, Kirkpatrick will at your request attempt to reach an amicable settlement on your behalf.