FEASIBILITY STUDY OF A MECHANISM FOR THE PREVENTION OF DISPUTES BETWEEN TRADEMARKS AND DOMAIN NAMES
Intellectual property; trademarks, domain names.
The expansion of the internet in the national territory, in the last two decades
and the change of attitude of consumers with the recent pandemic, pressured
companies to insert their brands in the digital world. The visibility provided by
digital networks boosts business, reaching a larger number of consumers
now more accustomed to electronic commerce (e-commerce). In this
scenario, there is evidence of an increase in the collision between trademark
and domain name registration, the subject of this present work, which
proposes to investigate the main sources of conflicts and demonstrate how
the lack of effective regulation in the domain name registration system
influences in enhancing the clashes. Thus, it is intended to answer the
following research question: How to avoid collision between trademarks and
domain names, aiming to reduce friction between trademark holders and
domain name holders? The general objective of this work is to make viable a
mechanism to prevent disputes between trademarks and domain names,
through the proposal and evaluation of an orientation guide for users. To do
so, a qualitative approach will be used, based on exploratory and descriptive
research, with the collection of public documental and bibliographical data.
With the analysis of the data, it is expected to diagnose the main source of
conflicts and, based on these results, to propose an orientation guide for the
registration of domain names.