Kollisioner mellan domännamn och varumärken : Varumärkesrätten tillämpad på domännamnstvister i USA och Norden
Abstract (Summary)In this paper it is investigated if the trade mark laws application on domain name disputes in the U.S. and Nordic correspond with the traditional trade mark law. The question if this doctrine is enough and suitable for domain name disputes are also illuminated.The fundamental purpose within both Nordic and American trade mark law is the protection of consumers by the prevention of use of confusing trade marks, and the protection of the worked up value in famous trade marks. De-spite a large unity in these two doctrines the U.S. has also developed an initial interest confusion doctrine which has no correspondence in the Nordic. This doctrine focuses on the risk of a pre-sale confusion dispelled before the pur-chase is conceived.Domain names are easy to register and has a distinctive function similar to trade marks function. This fact has led to an amount of domain name disputes in foremost the U.S., but Denmark has also faced several disputes of that kind. In Norway and Sweden the courts have been faced with only a few domain name disputes.Collisions between domain name registrars and trade mark holders come up due to these both phenomenons’ similarity in distinction and identification function. The amount of disputes concerning domain names are increasing be-cause both trade marks and domain names play an important and increasing role in today’s society both economically and idealistically.In the domain name case law the trade mark holder often has apportioned an extensive protection which should be considered as an expansion compared with their rights in the real world. The courts have occasionally disregarded es-sential requirements in the trade mark acts and how the volatile nature of Internet influences the appropriateness in the application of some doctrines. For a more correct and adequate praxis some new legislation need to be founded, but most important is to applicate the trade mark law correct.
School:Högskolan i Jönköping
Source Type:Master's Thesis
Date of Publication:06/22/2005