The law on trade mark infringement and domain names was largely settled in 1997 by the well known 'One in a Million' case, and so most litigation since then has ended quickly and routinely with minimal reporting.

There is no law which specifically deals with the use of domain names, although many laws to do with trade marks and which control restricted terms (dentists, Olympic rights, red cross and others) can have an effect on the choice of a domain name.

A selection of cases is listed in our index and we hope to expand this over time.

The main cases have been based on trade mark law - both registered trade marks and unregistered trade marks (which is also called "passing off"). For more background about what trade marks are, see the Intellectual Property site run by the Patent Office or the website of the Institute of Trade Mark Attorneys. This is explained in more detail in our page on domain names and trade marks.

More generally, the courts have also had to consider the problems of jurisdiction - does a domain name infringe a trade mark in country X just because it can be seen from there - or does the use have to be aimed there? Although this is a complex topic, there is a brief discussion available.

The content of a website can be relevant in deciding whether a .uk registration is "abusive" under the Dispute Resolution Service, but the content of a website is generally a separate matter from the domain name. The principle that an Internet Service Provider can be liable for content held on their servers was established in the Godfrey v Demon case, but recent changes in the law have largely replaced this case with provisions on the E-Commerce Regulations providing the so called "mere conduit" protection for ISPs. Certainly the fact that a website may have 'questionable' content of some sort does not generally allow the domain name to be suspended, but there is guidance available if you are in this situation.

Disclaimer
This section of the website is provided as general information about domain name law. It is not specific legal advice and you should not rely on it as being an absolutely correct statement of the law. You should seek your own independent legal advice, and we cannot provide that advice to you.