Domain Empire

domains .RU - Domain Name Dispute Resolution: Evolution and Evidence

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In an era of rapid digitalization of all industries, online commerce became part of our lives. This has led to new ways of using intellectual property. Before proceeding to the main topic of the article, let us start with the definition of what a domain name is, and the background of domain disputes.

According to the definition in the Rules of Registration of Domain Names in domains.RU and Russian Federation, approved by the decision of the Coordination Center of National Domain in the Internet of October 05, 2011 No. 2011-18/81 (hereinafter the Rules), a domain name is an identification for network addressing, which uses a system of domain names (DNS). In simple terms, a domain name, or as it is also called a domain, is the address of a website. A domain name allows users to search the Internet, among millions of other websites, to find exactly what they search for.

As the Presidium of Supreme Arbitration Court stressed in its Ruling of January 16, 2001 No. 1192/00 in case No. A40-25314/99-15-271, the main function of the domain name is the transformation of IP addresses (Internet protocol), expressed in certain numbers into a domain name to facilitate the search and identification of the owner of an information resource. Current commercial practice demonstrates that when choosing domain names for the Internet information resource owners stop at the most simple and logical names (word, group of letters, etc.), which are usually associated with consumers directly to a particular economic participant or its activities.

If we look at the reflection of evolution of domain dispute resolution in the Russian legislation, it would be as follows.

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