SkillsInternet / Domain rights
What do trademark and domain law have in common? What do founders need to look for before choosing the domain for their own homepage? Domain law is not uniformly regulated in Germany, but various laws apply, so professional advice is often essential to avoid legal problems.
The Internet has gained importance in recent years. Only few companies are not represented on the global marketplace. The flagship of every website is the domain, which is the name under which the Internet presence on the World Wide Web can be found. The variants for the domain of a company are diverse. When looking for an effective Internet address, therefore, in addition to general marketing considerations, speed is essential, as each domain is available only once.
Choosing a specific domain can lead to significant legal issues. This applies in particular if the requested address violates existing trademarks or naming rights of third parties. I therefore advise and represent you both in the acquisition, as well as the protection of your domain addresses.
Below, I'll show some general legal hurdles related to domain law:
- Same-name domain owner
- Same company name and trademark right
- Misuse of known company identifiers
- Industry and generic names
- Likelihood of confusion in case of deviating spelling or other top-level domain
The internet medium is subject to constant change, which is reflected in the development of law in this area. Despite the recent numerous judgments that provide at least a basic framework, the risk of litigation should therefore not be underestimated.