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Arbitration

  • Why is the court practice concerning disputes between domains and trademarks in Bulgaria illegal?

    Why is the court practice concerning disputes between domains and trademarks in Bulgaria illegal?

     

    1. Introduction :

    I would like to start this presentation by noting the objective fact of reality that the largest company in the world (as I now), whose business is multi-billion - "AMAZON", is based online. Its shares are traded on the stock exchange in New York, London and Hong Kong. Behind the website AMAZON.com is the corporation "Amazon.com" Inc. This company also owns the American national, international (registered under the Madrid Agreement and its protocol) and European trademarks AMAZON.com . The trademark in question is definitely a domain! Its shares, according to my information (I admit it is incomplete), are not traded on the Sofia(Bulgarian) stock exchange, nor are cases related to it heard in the Sofia courts, but it is still the most expensive trademark in the world representing a domain. I share these facts because of the particularly controversial view of the Bulgarian court of the 21st century (object of research in this article) that "the domain cannot and is not a trademark" and that "the bad faith registration of a domain is not a commercial activity". Sounds absurd to you? For me as well.