حماية الاسم التجاري

Domain names (electronic addresses) have recently been of great importance to consumers and businesses alike. Through them consumers can access the sites of projects they want, and find it easier to deal with the internet. It has also become an important means for the spread of projects and introducing themselves to an unlimited number of crowds all over the world.        The role of the electronic address has evolved and moved from a mere means of advertising projects online to the one that distinguishes these projects and determines their identity. And because of the rule that governs the registration of these addresses, which is the precedence in registration, each project has a specific website in which it displays its products and services that no other project shares with it, and no other project can register the same address, and this privacy added by the electronic address on the site made it approach the rest of the elements of industrial property Others, such as the trademark, name and commercial address, played the role of these elements through the internet.       The domain name, as defined by the Egyptian Electronic Trade law in the first chapter, means “a single address for websites on the Internet that allows the site to be identified and distinguished from others.” The United Nations Model Law on Electronic Trade of 1996 used the domain name. It can be said that the domain name in relation to e-commerce is similar to a trademark in relation to traditional trade, where the trademark is defined as “every sign or indication that the merchant or manufacturer places on the products that he sells or manufactures to distinguish these products from other similar ones. The trademark and according to its purpose may belong to the merchant, and it may be an industrial trademark belongs to the manufacturer or a service mark that distinguishes one of the services.     Since traditional trade depends on the physical trade of these goods or the provision of services, it is necessary for it to have a mark that distinguishes it from other marks that distinguish other goods of the same type, for example, mobile phones, including several types such as Nokia, Samsung, Sony Ericsson and Siemens. You produce the same goods and then you must distinguish between them, hence the role of the brand.      At the level of electronic-Trade, the circulation of goods and services is not physical, but rather electronically through an information system in which the commodity or service is announced and then examined by displaying its advantages on the network, and then negotiating with the contracting parties to complete the contract, where the product then reaches the consumer’s hand or obtains The same service through the network. Therefore, this product, whether it is a product or a service, must be distinguished by a mark that is the name of the domain, where the product of any company is associated with the same product of another company, provided that the transactions of both companies take place via the Internet, and thus we reach the conclusion that the brand performs in the traditional trade with the same function. Performed by the domain name for online trading.