Domain Names and Cybersquatting as Deadly Threats to Trade Marks: Any Remedy Under the Nigerian Law? by Afolake Obawunmi, Joseph Onele & Alade Temidayo

Social Science Research Network logoAbstract: Although the process for registering domain names is a separate one from trademark registration, many countries have reached the conclusion that there is a strong need to take precautionary measures to prevent conflicts between trademarks and use of domain names. However, since the advent of the internet and the birth of domain names, Nigeria has failed to adapt its trademarks protection framework to the exigent demands of participating in the network of computers on the World Wide Web.

This paper examines the concept of trademark infringement, cyber-squatting and the use of domain names, as well as considers the appropriateness of an action for trademark infringement or passing off in the event of a dispute arising from use of domain names. The paper also makes a bold attempt at imploring the judiciary to join the moving train in the fight against trademark infringement even as technology advances.

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