THE REGULATION OF DOMAIN NAME UNDER ETHIOPIAN TRADEMARK LAW: EMERGING LEGAL ISSUES

Abstract

Trademarks have ancient origins and the history of trademark law shows incremental development that shaped their current form. This development is based on the evolution of the value and purpose served by trademarks within the society in development. In recent history, the development of computer connections especially the development of the World Wide Web enabled the free flow of information and connections in a way unthinkable for many before. The internet enabled the achievement of human developmental transformation faster, easier, and broader than what could have been achieved without it. In his way eventually allowed broader commerce in the online sphere. However, trademarks as one of the tools used in the ordinary market faced significant threats from the use of domain names which is attributable to the nature of domain names and market development in the online sphere. This problem is even aggravated by the international nature of use and essential governance of domain names, unlike trademark and trademark rights. In line with this trademark rights were sufficiently threatened and being affected by domain name use in Ethiopia. Several countries attempted and not few countries were able to provide significant trademark law solutions to the threat of domain name use to trademarks. Among those United States was able to legislate and provide solutions that are more comprehensive by enacting ACPA. United States being the first to do so may be partly because United States is the central country in the development of internet. However, the lesson from United States cannot be underestimated due to its importance in tackling the problems generated by domain name use over trademark use. Taiwan, Iran, and Germany are also among those countries who attempted to provide solutions worthy of lesson. The relatively recent Ethiopian trademark law specifically trademark use protection is facing a real challenge from domain name practice. This thesis essentially focuses on identifying possible challenges to trademark use by domain name use in the Ethiopian context. And attempts to draw important lessons as possible from investigated countries in this regard. In doing so the study found a significant gap in Ethiopian trademark law and practice. And proposed the need to reformulate trademark rights in the trademark law based on the actual purpose served by the trademark in the country currently