The reference guide is to be used in courts during consideration of domain name disputes. The document clarifies many of the provisions and recommendations published in earlier documents. In particular, the guide states that a legal action for infringement of trademark rights is to be filed against the domain name administrator or the person who is actually using the domain name. This provides additional guarantees to registrars against being sued as co-defendants.
The new document also addresses the issue of brand name squatting â a wide-spread practice based on registering a similarly named brand. As stated in the document, the court can reject a respective request if there is evidence of brand name ownership abuse. Generally, when considering domain name disputes, courts are advised to use the UDRP principles in determining the administratorsâ integrity.
“The fact that the Court for Intellectual Property Rights heeds to industry experts, reflecting their opinions in official documents, is very positive,â Sergei Kopylov said. âThis contributes to the further systematization of judicial practice and the development of a uniform approach to all domain disputes, no matter what court reviews them.â
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