Chilling Effects Essay

Published: 2020-02-25 10:50:15
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Category: Chilling

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Another case was the joint complainants Yahoo Inc and Geocities Inc Vs. Data Art Corp (2000) regarding several typographical errors of very popular domain names such as ayahoo. com, gecities. com, iahoo. com, myahoo. com, yafoo. com, etc, that were registered by Data Art Corporation, and were active at the time of filing the case. Yahoo and Geocities had popular registered trademarks and domain names such as Yahoo, yahoo. com, myyahoo. com, Geocities, goecities. com, etc.

The complainants had said that the respondents had a similar domain names as the owner and no legitimate interests in registering the domain names, hence had done it in bad faith and with a wrongful intention. On the other hand, Data Art corp said that the visitors were informed about the mistake they had made before being taken to an alternative website. All the misspelt domain names were in the name of a single person and all were confusingly similar to the original domain name. The respondents had gained illegally by attracting customers to his website.

Hence, their domain names were removed by the URDP and restored to the true and original trademark owner . Conclusion There are several issues with regards to domain names and the way in which disputes and registries are managed. Domain names are similar to trademarks, but cannot be exactly be described to be trademarks as they are not registered under trademark laws. The jurisdictional use would also apply to the entire world as the internet would be accessible from anywhere in the world.

The interest of several bodies needs to be considered for domain names including the domain name applicant, the trademark owner, the registry owner, the government, etc. Considering that the internet is a very dynamic environment and the domain name registry would be owned from one person today and another tomorrow, with limitations in transfer of rights, there is always a case that in case the ownership of the registry lies with the registering organisations several limitations would apply.

Hence, greater ownership and responsibilities regarding the registry should lie with the general public. In the case of certain domains organised for public interest (. org), the ownership of such registries should also be placed with the public. Domain name disputes are common between domain name owners and trademark owners. It is important to note that the internet is a unique environment where a business can exist independently without an offline infrastructure.

However, if the domain name wrongfully tarnishes, dilutes or creates unfair competition with the trademark owner, every effort should be made to protect the rights of the trademark holder.

References

Cabinet Office UK. Domain Name Guidelines Background, 2008, retrieved 8 February 2009. http://www. cabinetoffice. gov. uk/government_it/web_guidelines/domain_names/1_9_1backgrd. aspx Chilling Effects. Frequently Asked Questions (and Answers) about Domain Names and Trademarks, 2008, retrieved 8 February 2009. https://www.lumendatabase.org/topics/2

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