A CONCEPT OF A BRAND CYBERSQUATTING AND WAYS TO COMBAT IT
Journal Title: Вісник Одеського національного університету. Правознавство - Year 2018, Vol 23, Issue 1
Abstract
The article presents an exploration of the phenomenon of a brand cybersquatting and ways to combat it. A definition of the term “brand cybersquatting” as a kind of a cybersquatting is proposed. The foreign and Ukrainian court practice of domain disputes resolution is addressed.The effectiveness of ways to combat a brand cybersquattingis analyzed. It is argued that a priority of trademarks over domain names and the means for fighting with a brand cybersquatting that are applied by the Administrator of a domain zone .UA are not effective. A concept of a good faith domain names use that is expressed in the Uniform Domain Name Dispute Resolution Policy is analyzed. It is substantiated a conclusion about the efficiency of implementation in the Ukrainian legislation this concept because it is an effective mechanism to combat a brand cybersquatting, using which a violation of domain names holders’ interests is excluded.
Authors and Affiliations
N. M. Bulat
Keywords
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- EP ID EP508296
- DOI 10.18524/2304-1587.2018.1(32).133826
- Views 92
- Downloads 0
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