Analysis of Trademarks Act of Thailand and a Case Study: Conflict of Domain Name and Trademarks

In the era of Information Technology, Internet plays an important role and becomes worldwide infrastructure of global communication. Domain Name is the key to reach the purpose derivable Website on the WWW. Confusion and conflict arise when words and names of Domain Name become low in resource and somehow have the same or similar identification among two or more parties. This paper provides a brief background on the interface between domain names and trademark. The paper presents examples of domain name disputes and analyzes some important aspects of legal principles of the Trademarks Act (No.2) of B.E. 2543 (2000). The paper also explains how the Act can protect the trademark and domain name rights. Finally, the roles of the Central Intellectual Property and International Trade Court in enforcing the Intellectual Property Rights in trademark and domain name protections are discussed including a case study. This paper will be a valuable contribution towards IT society and e-business sector.