Background and Aim: Violation of the domain name that has emerged today with the rise of e-commerce in the Internet space has had many effects on legal rules and regulations and has been considered in terms of individual and social rights. The present study examines the examples of domain name infringement and its effects on civil rights, including consumer rights, and considers domestic and international laws in this field.
Materials and Methods: According to the approach of the present article, the use of documentary sources and libraries to study the subject is on the agenda. The present research method is descriptive-analytical, which is considered a qualitative method in a macro perspective.
Findings: When trademarks are used without a license in the domain name, they infringe on the rights of trademark owners, which in itself constitutes a kind of violation of citizenship rights. The most important causes of violations are consumer misconduct, non-compliance with the right to register trademarks, lack of appropriate criminal law and non-implementation of e-commerce law. Trademark infringement, including domain name infringement, comes in a variety of forms, including pop-up ads, misuse of metatags, framing, tampering with trademark credentials, simulation of trademarks, and forged links that threaten economic interests and rights. Consumer social is also an example of a violation of civil rights.
Conclusion: Consumers and e-commerce activists have well-known rights in the field of e-commerce, which in various ways require the protection of the name of the trademarks in question. Accordingly, domestic law, including Article 66 of the Electronic Commerce Act, and international jurisdictions, including arbitration, WIPO, and other laws governing intellectual property disputes, play an important role in the realization of citizens' rights, including consumers and users of e-commerce.
Please cite this article as: Ahadi Y, Sadeghi M. Violation of Trademarks through Domain Names and Coping Strategies with an Emphasis on Defending Citizenship Rights. Iran J Med Law, Special Issue on Human Rights and Citizenship Rights 2020; 197-210.
Type of Study:
Original Article |
Received: 2019/12/8 | Accepted: 2020/03/14