Once recognized in the Internet, the entrepreneurs may benefit from the most efficient vehicle of publicity and advertising. They can take full advantage of the opportunities to sell their products and services, inasmuch as they can focus on the ideal target public.
This new way of doing business in the virtual market has been offering significant economic results at much lower costs when compared with the conventional way of trading where local presence and investments in new facilities are paramount to expand territory and attract new clients/consumers. However, where profit is expected, so is the interference of those averse to fair competition practices.
Besides, the declaratory system applied to the domain name registrations, automatic and electronically granted on a #34;first-come, first-served#34; basis, without a prior analysis of the applications, as opposed to the trademark registration system which is attributive of rights, is giving rise to disputes and conflict between domain names and trademarks.
Therefore, as a measure of caution, the owners of distinctive signs are advised to consider the possibility of registering them as domain names, in order to secure protection against piracy and unfair competition acts in the Internet, as well as to safeguard the distinctiveness, reputation and appeal of their intangible assets.
Notwithstanding, if it becomes necessary, the inter
ested party may go to the Courts, or for #34;.br#34; domain names registered as from October 2010 it may rely on the SACI-Adm by filing the Administrative Dispute Resolution Proceeding (similar to DNRP) implemented by NIC.br, the Center for Information and Coordination of “.BR”. WIPO is one of the Arbitration Centers accredited.
Our professionals are available to provide you with more information and advise you on any issues involving domain names.