Electronic Theses and Dissertation

All this time, the clash between domain names and trademarks occurred since domain names are identical to registered trademarks. But in this case, domain name has been earlier registered than the trademark itself. Internet Corporation for Assigned Names and Number (ICANN) and Uniform Domain Name Dispute Resolution (UDRP) have provided dispute resolution among them, particularly for Generic Top Level Domains (gLTDs). However, these regulations are not adequate to protect the first domain name registrant who has been in good faith. That situation triggered the legal uncertainty because the regulations of them are not synchronized and incomplete. This study aims to find out the legal status of the domain name suratpad.com after being registered as the trademark by PT Legalku and to identify the bad faith elements in registering and using that. This research also purposely to find out the legal action that can SuratPad take in this case. The research method used in this study is normative juridical research by collecting primary and secondary data. Primary data obtained from data were collected through analyzing the library research. Secondary obtained from interviews and data from the concerned parties. The result showed startup SuratPad still has the right to rent the domain name suratpad.com. It also cannot be claimed as the cybersquatting according to the UDRP Policy. There are two legal actions that SuratPad take, namely registering trademark in the different class and suing PT Legalku for Reverse Domain Name Hijacking claim. ICANN, UDRP, and the Indonesian government should develop adequate and complete regulations regarding the clash between earlier registered domain names and trademark. Both regulations also need to be synchronized to avoid similarities which usually considered as cybersquatting. In taking legal action, Suratpad startups must be careful and total in order to win and maintain the Suratpad.com domain name.