In today’s landscape, digital trademark protection is an essential issue, given that trademarks are fundamental in differentiating products and services within the digital marketplace. This protection starts with a precise definition of a digital trademark (domain names), encompassing any name, design, or symbol employed to set apart products or services online. One of the significant hurdles lies in establishing ownership of these digital trademarks, as it is vital to evaluate factors such as the actual use of the trademark, its eligibility for registration, and the lack of conflicts with existing trademarks. To strengthen the legal safeguards for digital trademarks, suitable registration processes must be taken into account. A key player in this domain is the Internet domain registration system overseen by ICANN, which is instrumental in this context. Besides, there are the emerging trends of working out new legal bases in the regulation of digital space plus meeting problem areas founded by the quick penetration of artificial intelligence and digital technology. From these points of view, there is an urgent problem of finding effective legal solutions that would provide complex protection for digital trademarks. Providing one of the main recommendations, it is first necessary to indicate the critical need for a revision, and the bringing up to date of current legislations in connection with technological and regulatory changes in the domain of the digital environment. Moreover, it is also about increasing the role of such regulatory bodies as ICANN in the protection of digital trademark owners’ rights. All these crucial steps can solve existing legal challenges and ensure effective protection of trademarks in the digital environment.

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Digital Trademarks (Domain Names) Protection: A Legal and Practical Analysis

  • Yasar Alhiniti,
  • Dina Hatem Al Amro

摘要

In today’s landscape, digital trademark protection is an essential issue, given that trademarks are fundamental in differentiating products and services within the digital marketplace. This protection starts with a precise definition of a digital trademark (domain names), encompassing any name, design, or symbol employed to set apart products or services online. One of the significant hurdles lies in establishing ownership of these digital trademarks, as it is vital to evaluate factors such as the actual use of the trademark, its eligibility for registration, and the lack of conflicts with existing trademarks. To strengthen the legal safeguards for digital trademarks, suitable registration processes must be taken into account. A key player in this domain is the Internet domain registration system overseen by ICANN, which is instrumental in this context. Besides, there are the emerging trends of working out new legal bases in the regulation of digital space plus meeting problem areas founded by the quick penetration of artificial intelligence and digital technology. From these points of view, there is an urgent problem of finding effective legal solutions that would provide complex protection for digital trademarks. Providing one of the main recommendations, it is first necessary to indicate the critical need for a revision, and the bringing up to date of current legislations in connection with technological and regulatory changes in the domain of the digital environment. Moreover, it is also about increasing the role of such regulatory bodies as ICANN in the protection of digital trademark owners’ rights. All these crucial steps can solve existing legal challenges and ensure effective protection of trademarks in the digital environment.