Are now existing trademark laws sufficient of to regulate second level domains over the internet?  Cover Image

Ar pakanka šiuo metu galiojanciu pramonines nuosavybes istatymu antro lygio adresu srities (domain) reguliavimui internete?
Are now existing trademark laws sufficient of to regulate second level domains over the internet?

Author(s): Eugenijus Sabutis
Subject(s): Law, Constitution, Jurisprudence
Published by: Florida Coastal School of Law and Vytautas Magnus University School of Law
Keywords: Are now existing trademark laws sufficient of to regulate second level domains over the internet?

Summary/Abstract: Trademark laws exist more than hundred years, while Internet, as we know it today, came into being less than a decade ago, but the enormous growth of this new reality raised a lot of legal questions, which have never been asked. One of these questions: the sufficiency of trademark laws to regulate second level domains over the Internet. To answer this question there must be an analysis which starts from another question: what features do trademarks and domains have which enables trademark laws to treat domains over their jurisdiction. Domains and trademarks have a lot of in common. First, they can be expressed using combination of letters and/or numbers. Second, domain name can be similar to trademark name. Third, domain names can be used in commerce and to distinguish one product or service from another. Fourth, domains can infringe trademark owner rights by confusing customers to the source of products or services. In that case trademark laws have the jurisdiction to regulate domains over the Internet. But as long as domains are simply the addresses they are regulated by other laws.

  • Issue Year: 2002
  • Issue No: 1
  • Page Range: 90-117
  • Page Count: 29
  • Language: Lithuanian
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