Is Domain name amounts to Trademark Infringement or
Passing Off

What is a Domain name?

A domain name is a string of characters that identifies a domain’s administrative autonomy, authority, or control on the Internet.
Domain names are frequently used to identify Internet-based services such as websites, email services, and so on.
The use of a domain name can potentially amount to trademark infringement or passing off, depending on the specific circumstances
of the case.

Trademark infringement

Trademark infringement occurs when a person or company uses a trademark that is identical or confusingly similar to a trademark that
is already registered to another person or company, and the use of the trademark is likely to cause confusion among consumers as to the source of the goods or services being offered. If the use of a domain name meets these criteria, it may be considered trademark infringement.

Passing off

Passing off, on the other hand, refers to the act of representing one’s goods or services as being those of another person or company. If the use of a domain name is intended to deceive consumers into believing that the goods or services offered at that domain are those of another person or company, it may be considered passing off.

In either case, the owner of the registered trademark may be able to take legal action to stop the infringing or deceptive use of the trademark and seek damages. Whether or not the use of a domain name constitutes trademark infringement or passing off would depend on the specific facts of the case and would need to be determined by a court.

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