Disputes Incurred Between the Trade Marks & Domain Names on ‎the Internet

Disputes Incurred Between the Trade Marks & Domain Names on ‎the Internet

Khalid Altalahmeh

Khalidaltalahmeh@yahoo.com

Faculty of Law, Al-Balqa Applied University, Al-Salt, Jordan

Received : 26-04-2004 , Accepted : 07-11-2004

Language: Arabic

Abstract

This research deals with the disputes incurred between the trade marks and domain names on the Internet which have been created following the trade which matter has resulted in submitted a large number of the cases related to such disputes to the courts that have sustained severe difficulties in settling them. Hence, the legislations enforced at the developed states, and in particular, the United States of America, have vested the power upon the subject’s judge to settle such disputes in case either of the parties to the dispute shall apply to that effect. In fact, and in complying with the same, the study has revealed that the American commercial legislations have determined most of the forms of the said disputes in a way that shall assist the judge to find a solution for any dispute submitted before him. In addition, there are many American judicial opinions that are available in this field which are published on the Internet being accessible to any person to look through the same. As for the Jordanian Law and the laws of the Arab states, then they have not approached the said disputes for reasons that are related to the technical difference between them and the western countries. In fact, and as the using of the trade marks on the Internet is related to the availability of the electronic trade that is still practiced within limited rates in the Arab states, then this issue has not been submitted before the Arab courts in addition to not having raised the concern of the Arab legal practitioners for which it has been necessary for the study to carried out according to the laws of the states that have witnessed such disputes and in particular, the United States of America. Finally, the study has concluded some results and suggestions followed by a conclusion.

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