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This printed articie may not be photocopied and is for the exclusive use of Ms Erica Aoki. For a    multi-user licence ple...
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Americanonlinewinssquattingdispute

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Transcript of "Americanonlinewinssquattingdispute"

  1. 1. This printed articie may not be photocopied and is for the exclusive use of Ms Erica Aoki. For a multi-user licence please contact Aian Mowat on +44 20 7234 0606. October 25 2001 - BrazilI American Airlines wins significant squatting disputeI American Airlines recently recovered the domain names americanairlines.com.br and aa.com.br by serving out of court cease and desist orders on the Brazilian parties that had registered the companys trademarks as domain names. This is significant because Brazil has not yet become a party to any existing dispute resolution treaties (eg, ICANNs Uniform Dispute Resolution Policy) in relation to its country-code top-Ievel domain, nor has it established any legislative guidelines on what constitutes bad faith registration of domain names. This lack of legislation has not stopped Brazils courts trom taking the buli by the homs and ordering the transfer of domain names that the eourts deem to have been registered unfairly. As shown in the Ayrfon Senna Case, if it can be proved that the registrant of a domain name acted unfairly to restriet the rights of the legitimate trademark owner, the trademark owner has the right to reclaim the domain name. Erica Aoki, Moreira Uma & Roysfer Advogados wifh Sfeel, Hecfor & Davis LLP, Sao Paulo © Copyrighl 2004 - 2008 Globe Business Publishing lld
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