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po12026-kopcova-domain-name-disp
Domain
name disputes in economic competition
JUDr. Radka Kopčová,
PhD. LL .M., Faculty of Law of the Pan-European
University in Bratislava
Právny obzor, 108, 2025,
special issue, pp. 21-60.
Published online: 20.1.2026
https://doi.org/10.31577/pravnyobzor.specialissue.2025.02
Abstract.
Domain registration is currently one of the most effective and common forms of
“virtual existence” of competitors. Domain names are included in the system of
industrial property rights related to signs. They serve the same identifying –
and distinguishing – goods and services in the marketplace function as other
industrial property rights for signs, especially trademarks, but in the online
world. This is the main reason why there are frequent conflicts between
individual signs contained in domain names. This creates competition on the
Internet, and logically, it also leads to certain forms of unfair competition.
This is a procedure consisting of speculative registrations of domain names,
which fulfills the conceptual features of the general clause on unfair
competition. In this context, the author highlights the function of “universality”
of the general clause on unfair competition, which can also be applied to domain
name disputes. The author compares the judicial resolution of domain disputes
and the alternative resolution of domain disputes in relation to the individual
claims that can be applied in disputes. In conclusion, the author seeks
solutions to prevent speculative domain registrations.
Key words:
domain name, unfair competition, cybersquatting (abusive registration),
alternative domain dispute resolution, judicial domain dispute resolution.
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ISSN 2729-9228
(online)
ISSN 0032-6984
(print)
THEORETICAL REVIEW FOR ISSUES OF STATE AND LAW.
Právny obzor is peer-reviewed journal and is indexed in SCOPUS and HeinOnline database (INDEX TO FOREIGN LEGAL PERIODICALS).
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OPEN ACCESS