scholarly journals Trade name and trademark versus domain

2013 ◽  
Vol 61 (4) ◽  
pp. 1069-1076 ◽  
Author(s):  
Jarmila Pokorná ◽  
Eva Večerková
Keyword(s):  
Legal Regulation ◽  
Business Activity ◽  
Domain Name ◽  
Ip Address ◽  
Domain Names ◽  
Trade Name ◽  
Versus Domain ◽  
Technical Sense ◽  
Legal Sense ◽  
Average User

Internet domains have become an integral part of our lives, so one can easily understand that during their use, conflicts can arise, whose participants will search for rules enabling resolution of conflicts. Since the domain name is a replacement of the computer IP address, in the technical sense of the word, this does not concern for domain names a commercial name or brand, because it primarily does not belong to a person in the legal sense of the word and does not serve for its individualization. The average user regularly affiliates domain names with a person offering goods or services on the relevant Website. Domain names used by entrepreneurs in their business activity are often chosen so that the second-level domain (SLD) would use words that form the trade name of corporations formed of trading companies. This fact brings domain names close to such designations that serve the individualization of persons or products, especially the trademarks and the commercial name. Domains can come into conflict with the rights to designations, especially trademarks and commercial names. Court practice is resolving these conflicts using rules for unfair competition, or rules for protection of commercial names and trademarks, but it is not ruled out that in the future, special legal regulation of domain names could be established.

Structure and Organization of the Domain Name System

2015 ◽  
Author(s):  
Torsten Bettinger
Keyword(s):  
Host Computer ◽  
The Internet ◽  
Domain Name System ◽  
Domain Name ◽  
Global Regulation ◽  
Ip Address ◽  
Domain Names ◽  
Data Packets ◽  
System P ◽  
Administrative Tasks

Although the Internet has no cross-organizational, financial, or operational management responsible for the entire Internet, certain administrative tasks are coordinated centrally. Among the most important organizational tasks that require global regulation is the management of Internet Protocol (IP) addresses and their corresponding domain names. The IP address consists of an existing 32 bit (IP4) or 128 bit (IP6) sequence of digits and is the actual physical network address by which routing on the Internet takes place and which will ensure that the data packets reach the correct host computer.

Italy (‘.it’)

2015 ◽  
Author(s):  
Philipp Fabbio
Keyword(s):  
Civil Law ◽  
Business Activity ◽  
Domain Name ◽  
Domain Names ◽  
General Rules ◽  
Explicit Reference ◽  
Trademark Protection

Statutory provisions dealing specifically with domain names are found in the Codice della Proprietà Industriale (‘the CPI’),1 ss 12(1)(c), 22, 118(6), and 133. Sections 12(1)(c) and 22 define the scope of trademark protection. In doing so, they also consider interference with domain names that are used in the course of a business activity (nomi a dominio aziendali). Sections 118(6) and 133 deal with remedies for trademark infringements and make explicit reference to domain names as well. Besides these specific rules, conflicts before the Italian courts based on domain name registrations are to be resolved according to the general rules of trademark, competition, and civil law.

Global Naming and Storage System Using Blockchain

2021 ◽  
pp. 265-281
Author(s):  
Chanti S. ◽  
Taushif Anwar ◽  
Chithralekha T. ◽  
V. Uma
Keyword(s):  
Storage Systems ◽  
Storage System ◽  
Domain Name System ◽  
Domain Name ◽  
Ip Address ◽  
Security Assurance ◽  
Domain Names ◽  
Additional Layer ◽  
Blockchain Technology ◽  
And Storage

The global naming systems are used to resolve the DNS (domain name system) queries by providing the IP address of a particular domain. Humans are familiar in remembering the text rather than numbers. So the DNS servers help in resolving the human-readable domain names into system understandable IP address. In the current DNS architecture, there are several threats that cost a lot of damage to the organizations. At the earlier stage, DNS protocol lacks security assurance in place. To solve this issue, they introduced DNSSEC (subsequent DNS) as an additional layer of trust on top of DNS by providing authentication. Still, the current DNS servers couldn't address issues such as DoS/DDoS attacks. To address all these issues, blockchain technology offers an innovative method to handle those challenges. The existing naming systems are centralized, which is a major problem in achieving security.. The main aim of this chapter is to provide an overview of blockchain technology and a brief introduction to blockchain-based naming and storage systems.

An Indian Legal Perspective to Protection of Domain Name

2013 ◽  
pp. 198-207
Author(s):  
Rashmi Aggarwal ◽  
Rajinder Kaur
Keyword(s):  
Information Technology ◽  
Dispute Resolution ◽  
The Internet ◽  
Commercial Activity ◽  
Domain Name ◽  
Domain Names ◽  
Sensitive Issue ◽  
Legal Perspective ◽  
Trade Name

Domain names are no longer treated as only providing an address for computers on the Internet but are treated as trademarks in relation to commercial activity of a particular company or business. With the expansion of telecommunication, it has become essential for business houses to protect their trade name from cyber squatters or cyber pirates. Some of the countries like US have developed a specific legislation for the protection of domain names, but in India the Information Technology Act, 2000, is limited to e-commerce only and fails to acknowledge this sensitive issue. The present chapter is an attempt to highlight the problem of domain names, the legislation laid down in US, specifically to deal with the problem of cyber squatters or cyber pirates, and dispute resolution mechanisms laid down by ICANN. The chapter further suggests the need for specific legislation in India along with other alternatives.

Global Naming and Storage System Using Blockchain

2020 ◽  
pp. 146-165 ◽  
Author(s):  
Chanti S. ◽  
Taushif Anwar ◽  
Chithralekha T. ◽  
V. Uma
Keyword(s):  
Storage Systems ◽  
Storage System ◽  
Domain Name System ◽  
Domain Name ◽  
Ip Address ◽  
Security Assurance ◽  
Domain Names ◽  
Additional Layer ◽  
Blockchain Technology ◽  
And Storage

The global naming systems are used to resolve the DNS (domain name system) queries by providing the IP address of a particular domain. Humans are familiar in remembering the text rather than numbers. So the DNS servers help in resolving the human-readable domain names into system understandable IP address. In the current DNS architecture, there are several threats that cost a lot of damage to the organizations. At the earlier stage, DNS protocol lacks security assurance in place. To solve this issue, they introduced DNSSEC (subsequent DNS) as an additional layer of trust on top of DNS by providing authentication. Still, the current DNS servers couldn't address issues such as DoS/DDoS attacks. To address all these issues, blockchain technology offers an innovative method to handle those challenges. The existing naming systems are centralized, which is a major problem in achieving security.. The main aim of this chapter is to provide an overview of blockchain technology and a brief introduction to blockchain-based naming and storage systems.

scholarly journals O NATURZE PRAWNEJ DOMENY INTERNETOWEJ

2017 ◽  
Vol 2 (2) ◽  
pp. 149
Author(s):  
Lavinia Brancus-Cieślak
Keyword(s):  
Basic Function ◽  
Moral Rights ◽  
Intangible Asset ◽  
Internet Communication ◽  
Domain Name ◽  
Distinctive Character ◽  
Domain Names ◽  
Trade Name ◽  
Legal Nature ◽  
Polish Law

LEGAL NATURE OF AN INTERNET DOMAIN NAMESummary The paper reviews a legal nature of an Internet domain name, in both technical and commercial aspects. Technically, a domain name can be re- garded as an Internet communication address related to the Website and can be treated like a traditional telephone number or a post address. The equivalence between a domain name’s commercial function as an intangible asset and a trademark is analysed. The domain name hardly matches full legal characteristics of a trademark. The basic function of a trademark, i. e. identification of the source of goods or services is an example. Another example is a discrepancy between the distinctive character of a trademark and descriptive or generic character of most of domain names. Alternatively, the similarity of a domain name to a trade name is analysed as apparently more appropriate as its notion is drawn up by the Polish doctrine and jurisprudence rather than defined by the law. Furthermore, similarity of a domain name to a work protected by Copyright is also indicated. It appears inappropriate when domain name’s lack of original character is considered. An issue whether every domain name can be considered an object of moral rights provided by article 24 of the Civil Code is also indicated. It is concluded that no unambiguous definition can be applied to a domain name as well as no similarities to already existing rights protected by Polish law can be drawn up. Its definition depends on the domain name’s commercialfunction with which it is used in a particular case.

scholarly journals Professionalism as a feature of business activity

2021 ◽  
Vol 7 (Extra-A) ◽  
pp. 444-448
Author(s):  
Lyubov F. Netishinskaya ◽  
Olga A. Kovtun ◽  
Natalia D. Tereschenko
Keyword(s):  
Civil Liability ◽  
Legal Regulation ◽  
Business Activity ◽  
Contractual Obligation ◽  
Special Rules

The article deals with the issues of special legal regulation of civil legal relations, the participants of which are entrepreneurs-professional participants of property turnover. The article analyzes the legislative provisions that provide for special rules on stricter civil liability of entrepreneurs and maximum freedom in forming and changing the conditions in a contractual obligation to which entrepreneurs are a party or participants. At the same time, it is concluded that the special rules for entrepreneurs established by the legislator are justified.

Netherlands (‘.nl’)

2015 ◽  
Author(s):  
Adonna Alkema
Keyword(s):  
The Netherlands ◽  
Tort Law ◽  
Domain Name ◽  
Domain Names ◽  
Court Proceedings ◽  
Trade Names ◽  
Appeal Courts

In the Netherlands, there is no legislation dealing with the registration and use of domain names. Domain name conflicts are therefore decided on the basis of existing laws, such as laws regarding the protection of trademarks and trade names and tort law. Domain name conflicts often lead to court proceedings, resulting in over 500 decisions rendered by first instance courts so far and more than 90 decisions rendered by appeal courts.

scholarly journals Knocking on IPs: Identifying HTTPS Websites for Zero-Rated Traffic

2020 ◽  
Vol 2020 ◽  
pp. 1-14
Author(s):  
Mariano Di Martino ◽  
Peter Quax ◽  
Wim Lamotte
Keyword(s):  
Experimental Analysis ◽  
Service Providers ◽  
State Of The Art ◽  
Domain Name ◽  
Internet Service ◽  
Ip Address ◽  
Identification Methods ◽  
Current State ◽  
Novel Approach ◽  
Current Zero

Zero-rating is a technique where internet service providers (ISPs) allow consumers to utilize a specific website without charging their internet data plan. Implementing zero-rating requires an accurate website identification method that is also efficient and reliable to be applied on live network traffic. In this paper, we examine existing website identification methods with the objective of applying zero-rating. Furthermore, we demonstrate the ineffectiveness of these methods against modern encryption protocols such as Encrypted SNI and DNS over HTTPS and therefore show that ISPs are not able to maintain the current zero-rating approaches in the forthcoming future. To address this concern, we present “Open-Knock,” a novel approach that is capable of accurately identifying a zero-rated website, thwarts free-riding attacks, and is sustainable on the increasingly encrypted web. In addition, our approach does not require plaintext protocols or preprocessed fingerprints upfront. Finally, our experimental analysis unveils that we are able to convert each IP address to the correct domain name for each website in the Tranco top 6000 websites list with an accuracy of 50.5% and therefore outperform the current state-of-the-art approaches.

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