About the blog

This blog mainly created for My Cyber law’s assignment, to discuss cyber law cases which happen in Malaysia based on personal opinions, comments and critiques. Those contents, comments and materials posted are for assignment purposes only without profit research, and do not consist any intentionally and bad faith to hurt any parties who may involve, suffer or sensitive to the cases. For those author who is involve in the articles posted, if you found any copyright issue, infringement, please contact me and I shall remove them. Any comments reported as violation, owner of the blog has the right to remove them. Please ignore the date published as the date is just use for softing purposes.

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Summary of Trademark

Trademark is use by a company to identify their goods and servicing from other company. Trademark can be name, symbols, or devices. Trademark unlike copyright where it need to be registered to get protected.

Domain name conflict is the common Trademark issue can be found in cyber space. Domain name is a web name chosen by a user who wish to publish his web that can easily search by others instead of publishing the Internet Protocal numbers.

Domain name consists two parts:
  1. Top-level domain names like .com (for commercial user), .org (for organizations), .gov (for government entities), .net (for network service provider) and etc
  2. Second level domain names are assigned on a first come first served basis, and only one person can have a particular second-level domain name under a particular top level name like henrycyberlaw.blogspot.com where henrycyberlaw.blogspot is the second level domain names and .com is the top level domain names
Trademark conflict between trademark and domain name may occur in:
  1. Cybersquatting
  2. Typosquatting
  3. Commentary or tarnishment
  4. Registration of domain names of the competitors
When complain about the domain name conflicts, the complainant must show 3 important elements according UDPR policy
  1. Is the trademark registered?
  2. Is the disputed domain name confusingly similar
  3. Is there any rights and legitimate interest (fair use)
  4. Is it used in bad faith
Cybersquatting Case: Microsoft Corporation v. Amit Mehrotra

Complainant: Microsoft Corporation
Respondent: Amit Mehrotra
Disputed web: www.microsoft.org

Respondent has registered the disputed domain name and offer Microsoft is they want the domain name, please contact him. Which clearly show that he registered the domain name for profitable purposes.

The panel ordered the disputed name to be transferred to the complainant after they found the disputed domain name is confusingly similar to a trademark in which complainant has right, and the respondent has no rights and legitimate interests in the respect of the domain name and also the respondent registered the domain name and used it in bad faith.

Typosquatting Case: Pain Webber. Inc v WWWPAINWEBBER.COM

www.wwwpainwebber.com is a typosquatting where the respondent registered the domain name which different from the complainant trademark in the exclusion of a period.

Commentary or tarnishment Case: Jews for Jesus v. Brodsky

Disputed domain name: jews-for-jessus.com

Respondent registered the domain name and use it to critic the the jews of jessus

Registration of domain name of the competitors Case: Princeton Review Management Corp vs Stanley H. Kaplan Educational Center Ltd.

A respondent registered kaplan.com which is trademarked by the competitor, and the respondent use it to praised Princeton Review. As a result, the domain name was transferred to the complainant Kaplan.
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