The Collision Of Trademarks And Domain Names In Switzerland

As businesses utilize the Internet as a marketing tool, disputes about Internet domain names in Switzerland are becoming more frequent. In particular, disputes have arisen where domain names conflict with trademarks. Traditional trademark law distinguishes between national, sectorial and geographical conditions with the exception of famous marks. Domain names are in direct opposition to traditional trademark law because they must be unique. The criteria for trademark infringements due to the collision of a domain name and a trademark continue to evalve through case law and literature.

The following questions have been addressed in this article:

When is a trademark infringed by a domain name?
What if one mark was used in commerce before the other was registered?

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