Legal Regulation of Trademark's Use in Domain Name in the Russian Federation

Yuz Olga Legal Regulation of Trademark's Use in Domain Name in the Russian Federation In the final qualifying work, the problem of regulating the use of a trademark in a domain name in the Russian Federation was investigated. The objectives of this work are a comprehensive study of the use of a trademark in a domain name in the legislation of the Russian Federation, in the positions of courts, and the establishment of laws in judicial practice, the analysis of criteria for the fair and unfair use of a trademark in a domain name. To fulfill the set goals, a study was made of the legislation of the Russian Federation and some countries in the use of a trademark in a domain name; the positions of the Supreme Commercial Court of the Russian Federation and the Intellectual Property Rights Court were analyzed, and regularities in judicial practice were revealed; and the Uniform Domain Name Dispute Resolution Policy (UDRP) procedure was also studied. The following problems were identified in this paper: 1) the lack of a legislative regulation of the use of a trademark in a domain name, apart from its mention in art. 1484 Civil Code as one of the ways to realize the exclusive right to a trademark; 2) the absence of a uniform judicial practice on the use of a trademark in a domain name; 3) the absence of an alternative choice between the cancellation of domain name registration and the transfer of administration rights, as well as the existence of problems in the cancellation of registration of a domain name in court. Based on the problems identified, the author made a proposal to improve the settlement of disputes related to domain names and trademarks. The paper consists of an introduction, two chapters, five paragraphs, a conclusion and a list of sources and literature used.