A lot of enterprising individuals want to earn some money through any company reputation. And some of these successful do it. But international law and internal Russian one forbid it. To defend own rights all companies should to sue. Our intellect law attorneys help to get domain name through the court in Russia and in other jurisdictions too.
The free economic standards came in Russia truly recently. This fact gives some enterprising persons opportunity to earn some money by using not itself name. The struggle for domain name rights in Russia has own specific colors.
At the same time, Russian judicial system doesnâ€™t support the basic UDRP principles and vote for application of the three-factor-violation test through the implementation of Article 10bis of the Paris Convention for the Protection of Industrial Property. In other words, in a clear-cut domain name infringement matter, for example, the trademark owner would have to prove that:
the domain name is identical or confusingly similar to a trademark in which the claimant has rights;
the respondent has no rights or legitimate interests in respect of the domain name;
the respondentâ€™s domain name has been registered and is being used in bad faith.
Importantly the trademark owner have to prove three fundamental factors:
the priority of the trademark over the domain name;
the similarity between the trademark and the domain name;
the similarity of the trademarked (official registered) goods with the goods offered for sale (sold) on the web-site under the domain name.
There is the Civil Code in Russia, which prescribes domain name rules. Priority right to let domain name has a company which has trademark in Russia according to the Russian legislation. No matter whether the company or entrepreneur is resident in Russia or not. But it is important to have trademark certification according Russian law. But arbitrage practice in Russia displays than this fact may be ignored by court if the claimer (trade mark holder) has international certificate in any country.
Our law company would like to propose you protection company rights in international instances. We provide services of representing in WIPO and ICANN for defending our clients. If you need international protection you can get it in our company as well.
Our law firm called to protect law of our clients. A lot of foreign clients trust us their troubles. All you need to protect your rights in Russia â€“ entrust your business to professionals. Domain name disputes in Russia â€“ it is our basic service.