Trade mark owners appropriate domain names in Russian Internet

[DavyBUK]

In May the court of Moscow considered a case of a foreign trade mark owner against a Russian domain. The point was that the name of the site was very close to the name of the trade mark, the owner of which demanded the site to be given to him. The court met the claim and the domain name passed to the plaintiff.

Surely, this precedent arose much noise, as if a name of a site sounds similar to a trade mark name (e.g. Softnurg Ltd. may appropriate softnurg.ru), one may be deprived of a domain name judicially.

The Russian legislation doesn’t provide for the precedent occurred, that is why any person can register a firm under a particular name within 5 days and sue all the sites with similar names.

The amendments to the Civil Code will come into force in January 2008. The law will prohibit registering a trade mark, if there is a similar domain name.

http://www.russia-ic.com/news/show/4065/

[Rubber Duck]

Thanks Davy, it will be useful to get a few case studies together to get a grip on how this all going to work in Russia.

[mulligan]

Originally Posted by DavyBUK

The amendments to the Civil Code will come into force in January 2008. The law will prohibit registering a trade mark, if there is a similar domain name.

http://www.russia-ic.com/news/show/4065/

Shouldn't this be the other way around ....

[DavyBUK]

Google translate of one of the original articles -

In mid-May, a court in Moscow decided that the brand owner (and foreign) has selected the Russian domain, similar to its name. The reported "Vebplanete" Head law firm and Internet Law "Anton Sergo. The first division of the domain market in the RU started with the possibility trademark owners to select similar domain used in violation of the rights of the owners. Today example weight. Now we are on the verge of a second possible modification and believes Anton Sergo. The process has put Moscow court, which recently awarded the pay of foreign firms Russian domain, but not on the basis of a trademark, but on the basis of the similarity of names. Roughly speaking, the company called Softnurg Ltd Softnurg.ru selected domain (real name lawyer failed to disclose, so as not to give a bad example to other). "What we nepretsedentnaya judicial system-you just tell students the first year. All other known : we bring to the court case similar case, and you get the same solution. Thus, any Ltd. "Dandelion" is a real chance to get domains similar to its name ", comments Anton. The lawyer also explained that the decision is made, it is unique and clearly go down in history. But it is a very bad example that could limit market sprovitsirovat regular domain names : "The list of services the law firm Internet and Right" is and there will also support services for owners of brand names for identical domain. But now it turns out that an Internet project can be selected, entering into any office under the pretext of "Your record company for five days of 5.000 rubles." Is now a top price of any Internet? " Remember that the protection domains of reverse takeover by trademark contained in Part IV of the Civil Code, which will come into force from January. In particular, the law would prohibit the registration of the trademark if the name is similar to the domain name. But the law has not yet entered into force, and we have seen so far can be selected domains even without trademark.