Kelkoo wins domain name clash before arbitration court in Poland
01-02-2011
It is not always straightforward to deal with a ‘cybersquatter’, but in Poland, a raft of remedies is available. Jaromir Piwowar and Bartek Kochlewski take a look.
Cybersquatters register domain names in bad faith, containing trademarks owned by a third party. Needless to say, the trademark used in the domain name is either commonly known or famous and the cybersquatter usually then off ers the domain name for sale to the rights holder at an extortionate price.
In Poland, such examples of IP infringement are not subject to separate regulations. IP infringement in e-commerce is dealt with on similar legal grounds as classic ‘off -line’ IP infringements. The holders of rights have the same remedies available ‘online’ and ‘off -line’.
In principle, where cybersquatting is concerned, trademark owners in Poland may protect their rights mainly in civil proceedings on the grounds of:
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Poland, cybersquatting, domain names, PCITT, Polish Civil Code
