Domain Law

„First come, first served“ is still the reigning principle when it comes to domain registration. But there are more domain-endings and possibilities now, so that a term may appear several times in domains. Due to this, the potential for conflict between domains and trademarks is becoming greater every day.

Domain law” as such doesn’t exist, although the term has for all intents and purposes established itself across the board with regard to legal questions relating to domains: it is understood to mean all legal provisions applicable in connection with the (particularly illegal) use of domains and/or trademarks and/or names as an integral part thereof. Following the general principles of trademark law, in the case of domain disputes, one must first examine whether prior rights exist; the content of the website is also significant in this process.

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