What are the legal implications of buying a domain name similar to an existing one in Germany?

Question from kapo, What are the legal implications of buying a domain name similar to an existing one in Germany?

Answer from AI:

When you want to buy a domain name that is similar to an existing one, there are several legal considerations to keep in mind. In Germany, these are primarily governed by the German Trademark Act (MarkenG) and the principles of unfair competition law.

Trademark Law Considerations

Under the German Trademark Act, if the existing domain name is a registered trademark, you could potentially face legal issues if your domain name is deemed to be confusingly similar. This could lead to a trademark infringement claim.

Key factors that courts consider when determining whether domain names are confusingly similar include:

• The visual and phonetic similarity of the domain names
• The goods or services associated with the domain names
• The distinctiveness of the existing domain name

Unfair Competition Law Considerations

Even if the existing domain name is not a registered trademark, you could still face legal issues under Germany’s Act Against Unfair Competition (UWG). If your domain name is deemed to take unfair advantage of the reputation of the existing domain name, you could be liable for unfair competition.

Dispute Resolution

If a dispute arises over a domain name, it can be resolved through the Uniform Domain-Name Dispute-Resolution Policy (UDRP) process, which is an international process established by the Internet Corporation for Assigned Names and Numbers (ICANN). In Germany, the German Arbitration Board of the German Informatics Society (DIS) also offers a dispute resolution service.

Recommendations

Before buying a domain name that is similar to an existing one, it is recommended to:

• Conduct a thorough search to determine if the existing domain name is a registered trademark
• Consider the potential for confusion or association with the existing domain name
• Consult with a legal professional to understand the potential risks and legal implications

Please note that this information is a general guideline and does not constitute legal advice. For personalized advice, you should consult with a legal professional. You can find more information about the German Trademark Act and the Act Against Unfair Competition on the German Federal Ministry of Justice and Consumer Protection website and the ICANN website.