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Internet domain names and trademarks: a comparative study of US, German and South Aftican law

The incredible surge in popularity of the Internet and, in particular, the World Wide Web, has been engendered by the Web's ability to offer virtually instant ac-cess to a universe of information. As communication on the Web reaches an ever-greater population, a golden commercial opportunity has ari...

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Main Author: Schenk, Oliver
Other Authors: Hofman, Julien
Format: Thesis
Language:English
Published: Centre for Law and Society 2026
Subjects:
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access_status_str Open Access
author Schenk, Oliver
author2 Hofman, Julien
author_browse Hofman, Julien
Schenk, Oliver
author_facet Hofman, Julien
Schenk, Oliver
author_sort Schenk, Oliver
collection Thesis
description The incredible surge in popularity of the Internet and, in particular, the World Wide Web, has been engendered by the Web's ability to offer virtually instant ac-cess to a universe of information. As communication on the Web reaches an ever-greater population, a golden commercial opportunity has arisen. The Web, from a commercial point of view, is very much a combination of a shop window and an advertising campaign. Branding and, therefore, trademarks are consequently a vital aspect of trading on the Internet. A domain name is a company's address on the Internet, and for the sake of convenience and marketing reasons, the most favoured addresses are those containing the trademark or tradename of the company itself About five million domain names are registered presently, with 70.000 new ones being added each week. ¹ However, unlike most advertising campaigns, an advertisement placed on the Internet will by default be a global campaign. This makes the legal position troublesome in some ways, for trademarks are national by nature. Moreover, unlike trademarks, the same domain name can only be assigned once.
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id oai:open.uct.ac.za:11427/42932
institution University of Cape Town (South Africa)
language eng
last_indexed 2026-06-10T12:33:49.949Z
license_str Not specified — see source repository
provenance_str_mv Harvested via OAI-PMH from UCTD — University of Cape Town Open Access Repository
publishDate 2026
publishDateRange 2026
publishDateSort 2026
publisher Centre for Law and Society
publisherStr Centre for Law and Society
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source_str UCTD — University of Cape Town Open Access Repository
spelling oai:open.uct.ac.za:11427/42932 Internet domain names and trademarks: a comparative study of US, German and South Aftican law Schenk, Oliver Hofman, Julien Trademarks Law US German South Africa The incredible surge in popularity of the Internet and, in particular, the World Wide Web, has been engendered by the Web's ability to offer virtually instant ac-cess to a universe of information. As communication on the Web reaches an ever-greater population, a golden commercial opportunity has arisen. The Web, from a commercial point of view, is very much a combination of a shop window and an advertising campaign. Branding and, therefore, trademarks are consequently a vital aspect of trading on the Internet. A domain name is a company's address on the Internet, and for the sake of convenience and marketing reasons, the most favoured addresses are those containing the trademark or tradename of the company itself About five million domain names are registered presently, with 70.000 new ones being added each week. ¹ However, unlike most advertising campaigns, an advertisement placed on the Internet will by default be a global campaign. This makes the legal position troublesome in some ways, for trademarks are national by nature. Moreover, unlike trademarks, the same domain name can only be assigned once. 2026-03-04T06:57:24Z 2026-03-04T06:57:24Z 1999 2026-03-04T06:50:57Z Thesis / Dissertation Masters LLM http://hdl.handle.net/11427/42932 eng application/pdf Centre for Law and Society Faculty of Law University of Cape Town
spellingShingle Trademarks
Law
US
German
South Africa
Schenk, Oliver
Internet domain names and trademarks: a comparative study of US, German and South Aftican law
thesis_degree_str Master's
title Internet domain names and trademarks: a comparative study of US, German and South Aftican law
title_full Internet domain names and trademarks: a comparative study of US, German and South Aftican law
title_fullStr Internet domain names and trademarks: a comparative study of US, German and South Aftican law
title_full_unstemmed Internet domain names and trademarks: a comparative study of US, German and South Aftican law
title_short Internet domain names and trademarks: a comparative study of US, German and South Aftican law
title_sort internet domain names and trademarks a comparative study of us german and south aftican law
topic Trademarks
Law
US
German
South Africa
url http://hdl.handle.net/11427/42932
work_keys_str_mv AT schenkoliver internetdomainnamesandtrademarksacomparativestudyofusgermanandsouthafticanlaw