Rapporti e interferenze tra segni distintivi e domain names

The protection of the trademark distinctive function is a guarantee of transparency in the market. This function relies on a communicative value and attractiveness of the trademark, as it is able to identify and differentiate goods and, consequently, from a competitive point of view, orient consumer choices. The rapid evolution of new technologies and the internet has revealed new evolutionary perspectives on distinctive signs. Hence, there is a need for a reflection on the distinctive function of the domain name that has progressively assumed a legal and economic relevance similar to that of the trademark.