Aol recoversdomain

187 views

Published on

Published in: Technology, Business
0 Comments
0 Likes
Statistics
Notes
  • Be the first to comment

  • Be the first to like this

No Downloads
Views
Total views
187
On SlideShare
0
From Embeds
0
Number of Embeds
1
Actions
Shares
0
Downloads
2
Comments
0
Likes
0
Embeds 0
No embeds

No notes for slide

Aol recoversdomain

  1. 1. Página 1 de 1 This pnnted article may not be photocopied and is for the exclusive use of Ms Erica Aoki For a multi-user licence please contact Alan Mowat on +44 20 7234 0606.I August 28 2001 - Brazil1 AOL recovers domai" "ame i" BrazilI Reg;"",tiO"II Dispute resolutionI America Online Inc, the US-based internet service provider (ISP), brought a c1aim against America On Line Telecomunicações Ltda., a local provider, that had registered the domain na me aol.com.br in 1997. The court hearing the case granted an anticipatory judgment to AOL, freezing use ofthe domain name. The Brazilian ISP then obtained an injunction to suspend the effect ofthe anticipatory judgment. The parties recently settled their dispute and the domain name aol.com.br was handed over to the US ISP in June. Registration In Brazil, top-Ievel domains (TLDs) are registered with the non-profit organization FAPESP (São Paulo State Foundation for Academic Research). The country code TLDs .br com.br, org.br, g12.br, net.br, mil.br, gov.br and ind.br are granted only to corporate entities registered with the Brazilian Ministry of Finances Corporate Taxpayer Registry. Foreign entities are allowed to register country code TLDs, provided a local representative is appointed within one year of the domain names registration. Domain names are granted on a first come, first served basis. The FAPESP normally refuses applications for domain names that are already registered, or that contain certain reserved expressions or well-known trademarks. Dispute resolution There is no specific legislation on resolving domain name disputes in Brazil. Thus, the policies and procedures to be applied in cyberquatting cases remains unclear. One thing is certain, however, trademark owners may succeed in obtaining a preliminary injunction by arguing bad faith and unfair competition. If the infringed trademark is registered with the Brazilian Patent and T rademark Office, the trademark owners chance of success is very good. Erlca Aoki, Moreira Lima Royster & Ohno, São Paulo © Copyright 2004 - 2008 Globe Business Publishing Ltd 16/9/2008

×