How Effective is Trademark Law in the Context of Online Disputes?

The Irish Trademark Act of 1996 defines trademarks as "any graphic representation (text, patterns, letters, numbers and shapes of goods, their packaging) that distinguishes goods or services of a business from goods or services of other business" It is described as. The Trademark Act is designed to maintain ownership and use these rights to distinguish property. With the advent of the World Wide Web and increased availability of access, online transactions have become very important to the business world and traditional trademark law rules have been pressured.

As disputes on domain names contain trademarks, the courts apply the "traditional" trademark law, as well as unfair competition, defamation, misleading behavior, counterfeiting and similar laws. However, the transfer of these laws to the cyberspace field has brought unprecedented difficulties. Together with the global impact that cyberspace can not be controlled, it is clear that the traditional law applied to cyberspace faces difficulties. Nonetheless, the court succeeded in dealing with infringement of trademark in domain name. This is because it is the same problem that trademarks are infringed simply in the "real" field.

The first part of this memo explains the nature of domain name dispute. In Part 2 we discuss the issues raised by applying the traditional trademark law principle, including applying the Federal Trademark dilution law, to domain name disputes. Part 3 discusses recently promulgated ACPA and part 4 examines whether ACPA is effectively addressing problems caused by domain name disputes. Finally, the fifth section describes the main issues that ACPA has not dealt with properly, that is, domain name registration of the same trademark in noncompetitive markets. This memo proposes to address this specific problem and provides insight to improve this law.

Does the anti-domain crouching consumer protection bill have more problems than solving it? Natalia · Ramirez