Internet Development In Russia
Internet development in Russia has entered a new phase. World Network has become not only one of the most popular sources of different information, but also acquired the role of a marketing site. It faces and crosses many companies' interests. Not only content, and goods are now subject to dispute, but also domain names are increasingly faced interests. If the domain dispute to the Western countries have become commonplace, which is pretty clearly spelled out in legislation, in Russia there are many imperfect and unfinished regulations that impede adoption of those times or other decisions. However, despite this, the network continues evolutionary processes, there are big players Internet market and worsen the contradictions. Thus, the registration of a trademark is gradually becoming a list of the most important steps when leaving the company to market on the Internet. But at the same time, and domain disputes are also becoming more frequent.
Particularly severe, they make themselves felt in the commercial segment, when site traffic is converted into its profits. Thus, one of the most obvious examples of this contradiction was a dispute between owners portals and holodilnik.ru holodok.info. The first of these is the undisputed leader among online retailers in the issuance of most search engines search that includes not only the word "refrigerator", and many other popular search phrases. According to Atmos Energy, who has experience with these questions. When This second site is more informative, providing users with not only recommendations for choosing a refrigerator, but also accumulates quotations for this type of home appliances from the most famous portals network, being essentially a competitor Holodilnik.ru. In the course of the trial revealed that the core claims of one site to another is to use the trademark "cold", "Refrigerator, Holod, Holodilnik. In particular, According to the site claimant HOLODOK.INFO domain name confusingly similar to the trademark HOLOD. That is, the management of this domain name to any other person who has no rights to the brand HOLOD, is illegal. It is surprising that Representatives of the site, filed the lawsuit, declined to special linguistic expertise, which is considered one of the most effective means in such cases.
In general, as shown by the progress of the process, the dispute was based on proof of the similarity of the above two terms in the eyes of the average consumer. Putting the question had a number of consequences for the plaintiff, despite the fact that they were received written advice of the patent attorney. Lawyers representing the interests of holodok.info conducted its own analysis of visitors' access the most popular search engines and found some interesting points, which will put an end to this dispute. It turned out that users of the Russian-speaking segment of the network considered similar names and different in their requests, use the term "cold", that and "chill". It is surprising that for most consumers this picture it seems quite natural and does not require a trial. Indeed, given the variety of verbal forms in Russian, the meaning of these symbols is very different. At the present stage development of the legal system in Russia, the results of trials of domain disputes are of great importance, setting a common vector to improve the provisions in relation to the Internet. Thus, the court concluded that the Russian the user is not confused and indeed could not have confused the terms cold and chill. It is obvious that such dispute is not the first and last. Now clearly there is a tendency of persons with intellectual property right in trademarks of encroachment on the domain names that are similar to them in writing in the Roman alphabet.