New trends in the so-called “global” market, which
in principle is characterized by an absence of rules, are constantly
being subjected to the scrutiny of traditional legislation, such
as the Italian Trademark Law and Copyright Law.
The choice of an internet address for a web site (the so-called
“domain name”) - with which products and services
are offered to the public - is a delicate issue which must be
the subject-matter of careful evaluation and of advice in relation
thereto (just as one would do in choosing any other distinctive
sign, whether in Italy or abroad). In this sense, among the novelties
introduced by the Industrial Property Code, domain names - as
well as being expressly recognized as a result of the principle
of unity of distinctive signs enacted in the Code - are expressly
foreseen as being one of those distinctive signs which deprive
a trademark of its novelty (article 12).
In consideration of the fact that domain names are now considered
to be distinctive signs, it is necessary to assess the possibility
of commencing actions in order to regain possession of domain
names which have been unlawfully registered in the names of third
parties (so-called “re-assignments”).
In any event, below are set out some brief notes in relation
thereto:
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