DOMAIN NAME – Under the new Italian “Development Law” the registration of a domain name has become quite risky: here’s the reason

One of the effects originated by the modification of Article 473 of the Criminal Code on counterfeiting, according to some commentators, is the risk that even the most remote of the trademarks could condemn who recklessly registers a similar domain name to up to 3 years of prison and to a fine of up to 25,000 euros. The “Development Law” (Law No. 99/2009) amended in fact Article 473 of the Criminal Code so that the counterfeiting offence can only be found when the registrant is "capable of knowing the existence of the industrial property right" violated. This condition, in the cases where the registered domain name is similar to a trademark, is always fulfilled because the Italian Patent and Trademark Office records are publicly accessible and freely available. We now wait for the first Court decisions to clarify this point.


08/26/2009 | Legal