Protecting domain names on the Internet is a new field into which traditional law has not yet delved in-depth. The cybersquatting phenomenon in which various entities rush to register domains that are identical or similar to existing brands or businesses is well known around the world and in Israel.
In certain cases, a domain name can be protected through trademark law. At times, copyright protection may be used, as may commercial torts or the claim of unjust enrichment. Regardless, protecting domain names requires creativity and familiarity with intellectual property law, Internet law, as well as experience.
Additionally, legal disputes revolving around domain names can also be handled through various Internet associations, including the Israel Internet Association (ISOC-IL). These proceedings are procedurally different than proceedings that take place before court and you must be very familiar with them in order to achieve results. One of the benefits to proceedings handled before the ISOC is that it is a relatively simple proceeding, the fee is low, and results are obtained relatively quickly. The drawback is that legal costs cannot be recouped even if you win your case.
Our firm has extensive experience in protecting domain names and providing representation in proceedings revolving around domain name registration.
Among other cases, our firm represented the “Canna” Association in the case of Canna v. Canna, against a Dutch corporation that submitted an application to transfer the “Canna” domain name to them. Following these proceedings in which we represented Canna, we were able to have the petition to transfer the domain denied.