20.12.2024 16:21:00
Дата публикации
Domain name disputes are common in any country, and Kazakhstan is no exception.
We also have ongoing cases of this kind that raise issues of intellectual property and trademark protection. Courts make different decisions on them, since the success of such cases depends on many circumstances and factors.
In the copyright.kz case, the court rejected the claim, stating that the domain was registered long before the plaintiff company was founded.
This highlights the importance of chronology: protecting rights to domains requires timely registration of rights to trademarks and domain names.
Domain name litigation shows that the key factor is proving exclusive rights to a trademark.
An example is the bonus-kaspi.kz case, where the “Kaspi” trademarks were recognized as well-known, which gave the bank the right to demand the domain be removed.
This highlights the importance of brand registration and intellectual property protection for businesses.
The bergauf.kz case showed that even when a domain is used for marketing purposes, a court can find such use to be infringing if it affects the rights to a registered trademark.
The key factor here was that the brand “Bergauf” was protected, and the use of the domain could mislead consumers.
Key lessons:
• Registering a trademark early in a business is critical.
• Domain names must be protected, especially if they are associated with a brand.
• If a domain is registered before the brand exists, the court may reject the claim.
The above cases highlight the growing importance of legal protection in the digital environment and the need for active brand management in the online space.
(the text translation is done automatically)
We also have ongoing cases of this kind that raise issues of intellectual property and trademark protection. Courts make different decisions on them, since the success of such cases depends on many circumstances and factors.
In the copyright.kz case, the court rejected the claim, stating that the domain was registered long before the plaintiff company was founded.
This highlights the importance of chronology: protecting rights to domains requires timely registration of rights to trademarks and domain names.
Domain name litigation shows that the key factor is proving exclusive rights to a trademark.
An example is the bonus-kaspi.kz case, where the “Kaspi” trademarks were recognized as well-known, which gave the bank the right to demand the domain be removed.
This highlights the importance of brand registration and intellectual property protection for businesses.
The bergauf.kz case showed that even when a domain is used for marketing purposes, a court can find such use to be infringing if it affects the rights to a registered trademark.
The key factor here was that the brand “Bergauf” was protected, and the use of the domain could mislead consumers.
Key lessons:
• Registering a trademark early in a business is critical.
• Domain names must be protected, especially if they are associated with a brand.
• If a domain is registered before the brand exists, the court may reject the claim.
The above cases highlight the growing importance of legal protection in the digital environment and the need for active brand management in the online space.
