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The impact of the American Supreme Court decision over characterizing domain names as a digital trademark

Authors :
Wahdani Fahed A.
Source :
Zbornik Radova: Pravni Fakultet u Novom Sadu, Vol 56, Iss 2, Pp 621-647 (2022)
Publication Year :
2022
Publisher :
University of Novi Sad, Faculty of Law, 2022.

Abstract

Though the trademark holder registered his trademark as a domain name, legal scholars and courts did not clarify the legal character of the domain name. To this point, the debate about the nature of domain names was limited to whether the domain name is nonintellectual property or a kind of intellectual property. Even for those who believe that domain names would have intellectual property rights, the essence of this right is still wrapped up in mysteries. More often than not, the court's decisions were limited to considering the domain name as intellectual property or not until the supreme high court in America decided to register the domain name booking.com as a trademark. This revolutionary decision would change the previous conceptions about the nature of domain names. This paper sheds light on how the supreme court decision would give the momentum to consider a domain name as a trademark, which paves the way as the author believes a domain name can be considered a digital trademark, bearing in mind that the medium, in which the domain names can be active, is the digital space.

Details

Language :
English, Serbian
ISSN :
05502179 and 24061255
Volume :
56
Issue :
2
Database :
Directory of Open Access Journals
Journal :
Zbornik Radova: Pravni Fakultet u Novom Sadu
Publication Type :
Academic Journal
Accession number :
edsdoj.6f17d1e90b5439e91cd376ee755906d
Document Type :
article
Full Text :
https://doi.org/10.5937/zrpfns56-38029