THE RELATIONSHIP BETWEEN THE RIGHT TO A DOMAIN NAME AND THE EXCLUSIVE RIGHT TO A TRADEMARK: THE APPROACH OF THE USA AND THE COUNTRIES OF THE EUROPEAN UNION

Abstract

In the article author suggests to consider comparative analysis of legal regulation domain name using, which includes trademark on the example of European Union countries and United States of America. Author notes, that exclusive right for trademark shouldn’t always be obstacle to domain name right exercise, in respect that both exclusive right for trademark and domain name right have similar nature, which is pronounced in absolute character of these rights, and also, that objects of above said rights are also similar in its nature, pronounced in non-material form and in individualizing function performance.