THE USE OF A VIRTUAL GOODWILL BETWEEN FREEDOM AND LEGAL PROVISIONS
THE USE OF A VIRTUAL GOODWILL BETWEEN FREEDOM AND LEGAL PROVISIONS

Summary/Abstract: The present article wishes asses the differences and the similarities between the commercial name, trademarks and the domain name, the confusions which may appear while using and defining these terms, and also the difficulties one may encounter is solving conflicts facing persons who own copyrights on domain names, commercial names or trademarks. Nowadays, the trademark copyright owners and the domain name owners have issues due to the differences between the system which registers trademark copyrights and the system which registers domain names, on the one hand, and the system which offers internet website copyright, on the other hand, and this happens because these systems are totally separate and with no connection between them. As far as the defense base in this type of cases is concerned, the Romanian and European court decisions have evolved from solving these cases by applying the civil delictual liability to applying special laws on trademark infringement, unfair competition or special administrative procedure (UDRP). Towards the end of the article there are some proposals on how to improve the law and to solve the conflicts between trademark and commercial name copyright one had previously obtained and the domain name.

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