Summary

The triumph of the Internet has given rise to several legal issues, including those concerning the protection of the rights of trade mark owners in connection with domain names. As these issues have attracted little attention so far and are not legally regulated, the author first introduces the concept of domain name and analyses the question whether the registration and use of domain names prejudice the rights of trade mark owners. Since apart from technical functions domain names serve objectives similar to those of trade marks, the author answers the posed question affirmatively and describes how such violations become a reality. The author also focuses on the registration of domain names in Estonia where the EENet using the zone name .ee enjoys the right to decide whether the registration of a domain name can prejudice the rights and interests of trade mark owners and of other persons. However, the right to refuse to grant a certain domain name does not solve numerous problems encountered in practice.
Further, the author analyses instances of registration and use of domain names which according to the theory and practice are treated as violations of the rights of trade mark owners and highlights the criteria relevant in ascertaining such violations. Finally, the author puts forward proposals for improving the protection of the rights of trade mark owners if domain names are used.