By means of a recently published Prejudicial Interpretation (PI), the ACJ set guidelines for resolving cybersquatting cases in the Andean Community countries.<\/p>\n
The PI was issued within a Colombian trademark infringement case, where the Defendant allegedly infringed Plaintiff’s rights over the trademark \u201cLILASH\u201d, due to the registration of the domain name\u00a0[lilashcolombia].<\/p>\n
The rules, which primarily refer to well-known distinctive signs (WKDS), can also be applied when it comes to more conventional signs:<\/p>\n
1. If the WKDS precedes the domain registration or acquisition, IP rights should prevail.<\/p>\n
2. If the domain registration or acquisition precedes the WKDS, the national authority may review: (a) whether the domain titleholder has a right or legitimate interest over the domain; and (b) whether the domain has been registered or used in bad faith.<\/p>\n
3. If unfair competition behaviors are foreseen, the national authority may also consider: (a) whether the domain registration or acquisition aims to obstruct competitor activity or; (b) whether there are misleading activities taking place through the webpage involved (e.g., suggestions that the online products are sponsored by or linked to the WKDS).<\/p>\n","protected":false},"excerpt":{"rendered":"
By means of a recently published Prejudicial Interpretation (PI), the ACJ set guidelines for resolving cybersquatting cases in the Andean Community countries. The PI was issued within a Colombian trademark infringement case, where the Defendant allegedly infringed Plaintiff’s rights over the trademark \u201cLILASH\u201d, due to the registration of the domain name\u00a0[lilashcolombia]. The rules, which primarily […]<\/p>\n","protected":false},"author":2,"featured_media":10078,"comment_status":"open","ping_status":"open","sticky":false,"template":"","format":"standard","meta":{"_et_pb_use_builder":"","_et_pb_old_content":"","_et_gb_content_width":"","_monsterinsights_skip_tracking":false,"_monsterinsights_sitenote_active":false,"_monsterinsights_sitenote_note":"","_monsterinsights_sitenote_category":0,"footnotes":""},"categories":[50,59],"tags":[],"class_list":["post-10076","post","type-post","status-publish","format-standard","has-post-thumbnail","hentry","category-trademarks-2","category-newsletter-en"],"yoast_head":"\n