Noile nume de domeniu de internet generice. Aspecte din practica de soluţionare a disputelor privind domenii de internet generice în temeiul UDRP
The new generic Internet domain names. Aspects of dispute resolution practice on generic Internet domain names under UDRP

Summary/Abstract: Recent developments in the DNS system, respectively release of the new gTLD’s, generated discussion concerning the level of analysis that should be conducted of the gTLD in case of the first element of the Policy for a Claimant to succeed in a UDRP claim. Initially the Panels analysed the gTLD and determined that it increases the confusing similarity on the basis that nothing in the wording of the Policy prevents such a finding. However, recent decisions and discussions between the OMPI UDRP panellists lead to a different solution, that the gTLD should not be analysed under the first element which is only a standing requirement and where the trademark should be recognised within the domain name; rather, the gTLD should be better analysed within the second or the third elements of the Policy as the case.

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