Domain Name Infringements

Domain names are essential to modern commercial life. As the storefront of firms and institutions, they need protection on par with trade names and trademarks. Sistem Patent offers specialist counsel on domain name infringements and their prevention.

Why Domain Names Matter and How They Are Allocated

Domain names are allocated through registrars designated by ICANN (the Internet Corporation for Assigned Names and Numbers). Extensions such as .com, .net, and .org are issued on a "first come, first served" basis. Bad-faith registrations can also occur in this process.

Domain Name Infringements and the Opposition Process

Oppositions on domain name infringements are filed at WIPO (the World Intellectual Property Organization). In Türkiye, .com.tr domain names issued at METU (ODTÜ) can be opposed where there is a valid basis. Points examined between the disputed domain name and the trademark:

• Similarity: Whether the internet domain name is identical or confusingly similar to a trademark or service mark.
• Right or interest: Whether there is any right or legitimate interest in the internet domain name.
• Bad faith: Whether the internet domain name was registered and used in bad faith.

Options When an Infringement Occurs

A person or organization claiming that their rights have been infringed can request:

• Cancellation: Requesting that the use of the domain name be cancelled.
• Suspension: Requesting that the use of the domain name be stopped.
• Transfer: Requesting that the domain name be transferred to them.

Sistem Patent Solutions Against Domain Name Infringements

Sistem Patent offers a wide range of services on domain name infringements and remedies. Together with our legal counsel in Germany, we provide legal counsel on the transfer of unjustified internet domain name registrations to the rightful owners, and we bring the infringements to an end.

What It Takes to Protect the Right

To protect against domain name infringements, the following elements must be proven:

• That the domain name is identical or similar to a trademark or service mark.
• That there is no right or legitimate interest in the domain name.
• That the domain name was registered and used in bad faith.

Domain names represent your brand's identity online, so registering them correctly matters. Use our specialist counsel to protect against domain name infringements and defend your rights. Sistem Patent stands with you on domain name registration and infringement matters and helps you protect your trademark rights. Contact us for more information and professional support on domain name registration and trademark protection.