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The domain names and its protection with aspect to the trade mark
Chalupová, Tereza ; Růžička, Michal (advisor) ; Pítra, Vladimír (referee)
One of the legal issues, which brought by the development of information and communication technologies, is also the issue of domain names. With the development of the Internet, many human activities moved into the electronic world, including business activities. Presentation of the business through a website has become an indispensable means of competition. Domain names became a significant asset with regard to its secondary function. Therefore it was necessary to provide legal protection for domain names.Legal system of the Czech Republic does not contain specific legal act of domain names. This thesis deals with the issue of domain names. The object of this thesis is the definition of a domain name from a legal terms, the rights to domain names and registration of domain names. This thesis is limited to domain names, which are registrated in ccTLD .cz. The second part discusses the relationship between domain names and trademarks. In relation to the trademark rights the domain name has dual status. Registration of a sign as a domain name can occur the rights of trademarks. The trademark is one of the most effective means of protection for domain names. It is possible providing protection of domain names with registration in the register of trademarks.The owner of the domain name then has the same rights...
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Protection of domain names
Klíma, Karel ; Horáček, Vít (advisor) ; Eichlerová, Kateřina (referee)
Protection of domain names The aim of this work is to place domain names in the legal system, to try their legal classification, explore ways they can be compromised, and to analyze the possibilities of their protection. Particular attention is paid to the international management of domain names and legal grounds of the issue. Given that the topic of protection of domain names is relatively little explored, particular primary sources of relevant information will be subject to review, ie international standards and laws, as well as technical articles and case law. Resources will be handled mainly by descriptive and analytical research method, sometimes complemented by a historical method. The first part defines the basic concepts largely of a technical nature relating to the internet and domain names whose knowledge is essential to understand the issue and its legal assessment. The second part defines the term and the concept of domains and domain names and their permissible forms, and also presents a typology of Top Level Domains. The third part deals with international and national management of domains and domain names. It presents the most important authorities in the field of domain names, key institutions and organizations, the circumstances of their foundation, and international and national...
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The domain names and its protection with aspect to the trade mark
Chalupová, Tereza ; Růžička, Michal (advisor) ; Pítra, Vladimír (referee)
One of the legal issues, which brought by the development of information and communication technologies, is also the issue of domain names. With the development of the Internet, many human activities moved into the electronic world, including business activities. Presentation of the business through a website has become an indispensable means of competition. Domain names became a significant asset with regard to its secondary function. Therefore it was necessary to provide legal protection for domain names.Legal system of the Czech Republic does not contain specific legal act of domain names. This thesis deals with the issue of domain names. The object of this thesis is the definition of a domain name from a legal terms, the rights to domain names and registration of domain names. This thesis is limited to domain names, which are registrated in ccTLD .cz. The second part discusses the relationship between domain names and trademarks. In relation to the trademark rights the domain name has dual status. Registration of a sign as a domain name can occur the rights of trademarks. The trademark is one of the most effective means of protection for domain names. It is possible providing protection of domain names with registration in the register of trademarks.The owner of the domain name then has the same rights...
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Legal protection of domains in relation to the right of indication
Feuerstein, Michael ; Dobřichovský, Tomáš (advisor) ; Pítra, Vladimír (referee)
Legal protection of domains in relation to the right of indication The aim of this master thesis is to provide information about the relation between domain names and law, with particular attention paid to rights of indication. The reader will become acquainted with the classification of domain names within the Czech legal system, their possible conflicts with different rights, and procedures which can be used for their protection. The thesis reflects changes caused by the new conception of private law and recent judicial decisions, mainly regarding alternative dispute resolutions. In order to understand this issue, it is also necessary to be familiar with the technical aspects of domain names and the Internet, and therefore this subtopic is included in the thesis as well. The thesis consists of four topical parts. The first one, which is made up of the second and the third chapter, deals with the functioning of the Internet and IP addresses, the registration process of domain names, and their composition, management and main functions. It is followed by the second part, which is represented by the fourth chapter, evaluating the position of domain names in the legal system of the Czech Republic, especially in terms of the question whether domain names are the subject of ownership or not. In this...
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Alternative dispute resolution for domain names
Gongol, Tomáš ; Švarc, Zbyněk (advisor) ; Boháček, Martin (referee) ; Jakl, Ladislav (referee) ; Růžička, Květoslav (referee)
The thesis in its theoretical part deals with problem of a domain name and alternative dispute resolution definitions. The view on the domain name definition is described both in Czech legal order and the international context. Rules of registration and using domain names are defined not only by the state law but also and above all by private rules formed by generic and country code top level domain administrators. Analyses of these legal sources and theirs comparison is necessary presumption for legal discretion of further development. Missing legal definition causes many problems which are shown in the context of concrete court and administrative decisions in the Czech Republic. Especially important are relations between domain names and trade marks, trade names, right to protection of person and the law of unfair competition. For definition of an alternative dispute resolution a special method of Aristoteles' logical square was used and applied on conditions of disputes resolution. The object of interest in the second practical part of the thesis is a legal regulation of .eu domain names. After necessary definition of legal sources, especially on secondary law level of the European Community, follows in practical part analysis of decisions concerning .eu domain name disputes issued by alternative procedure provided by the Czech Arbitration Court attached to the Economic Chamber of the Czech Republic and Agricultural Chamber of the Czech Republic, in the year of 2007. Essential part of this analysis is formation of domain name "case law".
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Qualitative factors affecting the value of a domain name
Čížková, Lenka ; Svačina, Pavel (advisor) ; Jurečka, Jan (referee)
Domain names are much discussed issue these days yet not that well understood by Internet users. Diploma thesis Qualitative factors affecting the value of a domain name, as the title suggests, focuses on technical and marketing elements of the domain together with the content of websites and their influence on the value of domain names. In the first part there are different factors and their influence described in theory, the practical part then applies to a specific case for domain Nemovitosti.cz. This domain was compared in terms of market, competition and their technical and marketing site. To support factors related to website content, statistics put inside the website were used as well as freely available online tools. After evaluation of all factors Nemovitosti.cz domain, the author concludes that the domain is valuable in its field and its value in the future due to investigated factors will increase.
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Domain names valuation
Nešpor, Radek ; Střížová, Vlasta (advisor) ; Maříková, Pavla (referee)
The goal of this graduation thesis is a proposal of domain names valuation methodology. For the purpose of valuation the domain names are divided into three classes based on the manner of generation of their utility which is the main value making factor. For the domain names class which is able to generate cash flow itself there are two income methods proposed -- DCF method and market comparison method. The domain names which serve as a marketing tool and therefore their utility is projected into incomes for products and services, are marked as class two. Their valuation is based on excess earnings method and profit premium method. The last class is the domain names whose utility is not known and neither obvious. Their valuation is made through combination of expanse and income methods in the form of point method. Model examples of valuation for each class of domain names are mentioned in the last chapter.
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