Dispute Resolution Mechanism Of Trade Mark And Domain Name Interface. Comparative Study Of Ethiopian Legislation With Us, Eu And International Approach

Abstract

The legal protection of trademark with the advancement of internet has met modern challenges. Since the 1990s, trademarks on the Cyberspace are necessary for doing business fame in the modern commercial world. Trademarks can be used on the Cyberspace with or without reference to products and services in domain names. Such double function of domain name, as Internet address and distinctive trademark, has created Cybersquatting activities. Thus, countries have been moved towards evolving a comprehensive domain name dispute resolution mechanism before the national courts and/or out-court dispute resolution. Such kinds of dispute resolution mechanisms have been well-served by the American Anti-cybersquatting Consumer Protection Act (ACPA) of 1999 and the Uniform Domain Name Dispute Resolution Policy (UDRP). The aim of this study is to investigate whether the Ethiopian trade mark legal regime provide protection for cybersquatting in cyberspace in Ethiopian country‟s trade mark legal frame work and to determine the mechanisms of dispute resolution which raised by an abusive use and/or registration of trademarks as an Internet domain name whether in ccTLD, old style gTLD and new style gTLD systems in Ethiopian country in comparison to US, EU and international approaches. In doing so, the study applied doctrinal and comparative legal research methods relaying on both primary and secondary sources of data. Accordingly, the critical scrutiny made through this study reveals that, there is no any stipulation neither regulating using on line trade mark rights in cyberspace nor attributing trade mark rights protection liability to cybersquaters under the existent Ethiopian trade mark legal regime. In aspect of the findings of the researcher Ethiopia should enact special domain name legislations like France and Us or provide legal protection against cybersquatting by incorporating traditional trade mark infringement and un fair competition legislation like European countries of Hungary, Austria and Germany or adopt out court domain name dispute settlement mechanism of ICANN‟s Uniform Dispute Resolution policy (UDRP)