Dragan Zlatović, LLD*

Maja Bilić, LLM**

COLLISION OF BETWEEN GEOGRAPHICAL INDICATION AND INTERNET DOMAIN NAME THROUGHTOUT DECISIONS OF INTERNET CORPORATION FOR ASSIGNED NAMES (ICANN) ON INTRODUCTION OF „WINE“ AND „VIN“ DOMAIN NAMES

Summary

Geographical indications as one of the forms of designations of origin (along with appellations of origin and traditional specialities) in the systematics of intellectual property rights, along with trademarks, industrial design and broadly speaking the names of Internet domains, fall into the category of distinctive signs. Different legal systems know different, typically three basic concepts, of protection of such designations. Geographical indications within the increase of the market movement’s dynamics, more often come into collision with other forms of intellectual, respectively industrial property rights, such as the names of Internet domains. Authors of this paper analyse examples of such collision throughout decisions of the Internet Corporation for Assigned Names and Numbers and the World Intellectual Property Organization.

Key words: Indications of origin, geographical indications, appellations of origin, Internet domain name, ICANN, „.wine“ and „.vin“ domain names, UDRP rules, „champagne.com“ domain name

 


 



* Professor at Polytechnic of Šibenik, Studies of Adiministrative Law

** Higher analyser, Legal Department, Croatian Agancy for Small Business, Inovations and Investments.