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A "right" view on domain names
- Les noms de domaine, du côté Droit
August 03, 2005
To what extent is a domain name similar to a trademark?
That's interesting: In order to assess the similarity between a domain name and a trademark, a Panel had a look at what they were used for: "Given the high degree of similarity between the services offered, the Panel finds that the domain name is confusingly similar to the Complainant's mark" (WIPO Decision D2005-0406, hun.com). This is a broad interpretation of UDRP article 4.a.(i), which implies to compare the nature of the signs rather than their function.
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