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Fakhroddin Asghari Aghmashhadi?
Mohammad Bagher Asghari Aghamashhadi?? Hoda Kordjazi???
As the registering of domain names is easy some people register other trademarks as their domain names and abuse the rights of the trademarks owners. An overlook to domain names owners disputes with trademarks owner is necessary and examining this phenomena in Iran legal system and .Ir country code top level domain names (ccTLD) disputes in World Intellectual Property Organization (WIPO) arbitration and mediation center is vital.
INTRODUCTION
Internet with its unlimited advantages for the modern life has become a source for many new born problems. One of these ever-increasing problems which have been a subject to intellectual property issue is trademark infringement in domain names. Traditionally, trademark infringement exists when improper use of a trademark results in likelihood of confusion for consumers.1
Also, due to this fact that consumers critically depend on well-known brand names when making purchases, where an individual makes use of a trademark associated with another brand as a domain name, there is a high likelihood that the consumer will be deceived and defrauded, or at a minimum, confused.2 In this paper we try to focus on the use of another’s trademark as domain name in Iran by examining cases between Islamic Republic of Iran and some well-known trademarks around the world and the
? Associate professor of civil law in Faculty of Law and Political Sciences at University of Mazandaran, Iran, Research fields: intellectual property law, international sale of goods, private law.
?? LLM in intellectual property, National University of Malaysia, Research fields: intellectual property law, information technology law, international sale of goods.
??? LLM candidate at University of Waikato. Research fields: information technology law, competition law, intellectual property law.
1 S. Heidi, Google This: Search Engine Results Weave a Web for Trademark Infringement Actions on the Internet, 81 WASHINGTON UNIVERSITY LAW QUARTERLY, no. 4 (Winter 2003), at 1099-1122
2 D. Magier, Tick, Tock, Time is Running out to Nab Cybersquatters: The Dwindling Utility of the Anti Cybersquating Consumer Protection, THE INTELLECTUAL PROPERTY LAW REVIEW (2006).
As we see with the advent of the Internet, works of intellectual property can be digitized and transferred over the Internet. Many trademarks have been placed on the Internet, for advertising and marketing goods and services by companies.26 Rapid growth of internet technology leads to some problems in the field of intellectual property which one of them is trademark infringement over the internet. As we examined an important part of it and nowadays we are facing more than past with these problems. So the need for an international regime for all countries in the world is being felt more than ever.
About the Iranian Perspective, due to lack of strong laws relating to domain names the government should ratify new laws relating to the internet and intellectual property especially in trademark cases.
From the legal point of view, trademark law in Iran still has to wait, because Iran is a developing country and we are wishing a day in which we can compensate our lack of law.
We shouldn’t forget that it is a lengthy process which will not happen overnight. But after all “Rome was not built in a day”.
Mohammad Bagher Asghari Aghamashhadi?? Hoda Kordjazi???
As the registering of domain names is easy some people register other trademarks as their domain names and abuse the rights of the trademarks owners. An overlook to domain names owners disputes with trademarks owner is necessary and examining this phenomena in Iran legal system and .Ir country code top level domain names (ccTLD) disputes in World Intellectual Property Organization (WIPO) arbitration and mediation center is vital.
INTRODUCTION
Internet with its unlimited advantages for the modern life has become a source for many new born problems. One of these ever-increasing problems which have been a subject to intellectual property issue is trademark infringement in domain names. Traditionally, trademark infringement exists when improper use of a trademark results in likelihood of confusion for consumers.1
Also, due to this fact that consumers critically depend on well-known brand names when making purchases, where an individual makes use of a trademark associated with another brand as a domain name, there is a high likelihood that the consumer will be deceived and defrauded, or at a minimum, confused.2 In this paper we try to focus on the use of another’s trademark as domain name in Iran by examining cases between Islamic Republic of Iran and some well-known trademarks around the world and the
? Associate professor of civil law in Faculty of Law and Political Sciences at University of Mazandaran, Iran, Research fields: intellectual property law, international sale of goods, private law.
?? LLM in intellectual property, National University of Malaysia, Research fields: intellectual property law, information technology law, international sale of goods.
??? LLM candidate at University of Waikato. Research fields: information technology law, competition law, intellectual property law.
1 S. Heidi, Google This: Search Engine Results Weave a Web for Trademark Infringement Actions on the Internet, 81 WASHINGTON UNIVERSITY LAW QUARTERLY, no. 4 (Winter 2003), at 1099-1122
2 D. Magier, Tick, Tock, Time is Running out to Nab Cybersquatters: The Dwindling Utility of the Anti Cybersquating Consumer Protection, THE INTELLECTUAL PROPERTY LAW REVIEW (2006).
As we see with the advent of the Internet, works of intellectual property can be digitized and transferred over the Internet. Many trademarks have been placed on the Internet, for advertising and marketing goods and services by companies.26 Rapid growth of internet technology leads to some problems in the field of intellectual property which one of them is trademark infringement over the internet. As we examined an important part of it and nowadays we are facing more than past with these problems. So the need for an international regime for all countries in the world is being felt more than ever.
About the Iranian Perspective, due to lack of strong laws relating to domain names the government should ratify new laws relating to the internet and intellectual property especially in trademark cases.
From the legal point of view, trademark law in Iran still has to wait, because Iran is a developing country and we are wishing a day in which we can compensate our lack of law.
We shouldn’t forget that it is a lengthy process which will not happen overnight. But after all “Rome was not built in a day”.