How Domain Names AND Trademarks Are Being Juxtaposed -> WRONGLY!

 

One is territorial, and another is universal; yet, when it comes to the UDRP, the effect of Cybersquatting is treated as a universal phenomenon even in the case of the cctld domains, and let’s say for the gtld’s too; knowing the trademarks themselves are territorial. Thus, the juxtaposition complexity and dilemmas!

The Awards can be clerically corrected or amended, not fundamentally. Herein my Theory came into picture where I discussed in my earlier blogs the problems in case of the PCT FERs and the Trademarks’ objections! Therein too at the procedural level, you can’t have two contradictory terms, wherein I opined how ICANN & WIPO could be wrong on their parts in the policies and regulations.

The Dilemma Of Prima Facie!

 

Patents ain’t Prima Facie! Trademarks, Copyrights, G.I., Designs Are! Domain Names? Explicitly Nope! Implicitly Yes (because of different cctlds and gtlds, and without even its registration, where the context of domain names even arose?).

The only thing what prima facie grants you is the exclusive Infringement Provision in the latter four cases to the rights holder. And in my earlier blogs, I opined that why structure of the Patents as per TRIPS, PCT, is a bit Flawed. Read that blog! Because, if you’ve something territorial, then it should also be applicable to what’s included in the FERs/SERs.