Cybersquatter passions have died down recently

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dustry figures and lawyers in comments to ComNews called the court's decision positive, although not flawless. It never became a precedent. For example, the Mult TV channel recently banned the use of the mult.ru domain (which had been used for publishing animated films with the unforgettable Masyanya for many years) through the court, despite the fact that the domain was registered 15 years before the TV channel received the trademark.
- almost all well-known brands finland whatsapp number database have received more or less consonant Internet addresses. The next phase of cybersquatting development is reverse domain takeover. The object of the hunt here is not big brand names (that's too scandalous and troublesome), but bright verbal constructions, preferably indicating the type of activity. It turned out that the number of such phrases is finite, and their value is growing. In this they are similar to cryptocurrency.

It would seem that the company "RemBytTekh", which installs and repairs household appliances, has nothing to worry about: the domain was obtained long ago, the trademark is registered. But no such luck. The garbage removal company "Ekoline" considered the connection between the brand "RemBytTekh" and the name of the site to be unclear, registered the trademark rembitteh and went to court.

"Here the rule is 'the first come, first served'. If at the time of domain registration there was no trademark similar to the domain, then everything is legal. In this regard, for example, American and Japanese IT legislation is more perfect than ours," says Andrey Savelyev, CEO of the Internet address registrar Domains.rf.

According to the businessman, the court made the right decision in this case, but just a few years ago it was more often inclined to favor the "reverse hijackers" who, in contrast to cybersquatters, did not register trademark domains to blackmail their holders, but, on the contrary, registered trademarks in order to take away profitable domains.

"Imagine you live in an apartment, and I come to you and say that this area is mine because I filled out some paperwork yesterday," the entrepreneur says intimidatingly. "This is corporate raiding and fraud, for which you should go to jail."

According to Andrey Savelyev, one should only go to court if the domain was obtained after the trademark was registered, but the owner asks for an unreasonably high price. He can be given a choice: to agree amicably or lose the domain for nothing in court.

The decision of the Moscow Arbitration Court is not without its shortcomings, believes Alexey Samygin, senior lawyer at the National Center for Intellectual Capital.

"The court established that the website rembitteh.ru is used mainly for the sale of goods of classes 07, 08, 09 according to the International Classification of Goods and Services (ICGS), for which the domain administrator has registered its own trademark No. 962981. However, the main page of the website and its main sections indicate the opposite - the defendant's activity consists of repair and installation of household appliances. Which, in turn, is similar to the services of class 37 of the ICGS, for which the plaintiff's trademark No. 788150 is registered," explained Alexey Samygin.

Despite the facts revealed, the senior lawyer does not see much chance for the plaintiff to have a different outcome of the case: "The defendant's domain has indeed been registered and used for a long time. During this time, the site has become popular among Moscow consumers. This means that the provisions of the Paris Convention will probably not allow the plaintiff to obtain a court decision in his favor."