Legal Protection of Trademark Owners Against Domain Abuse: A Comparison Between the United States and Indonesia

Abstract

The development of information technology and electronic commerce has made domain names more than just internet addresses; they are now part of a business's identity and strategy, closely related to its brand. In practice, there have been instances of domain names that are identical or similar to registered trademarks being registered and used in bad faith (cybersquatting). This practice has the potential to harm trademark owners as it can cause consumer confusion and exploit the reputation of established brands. Legal issues arise because the Indonesian legal system does not yet have regulations that explicitly classify domain name abuse as a form of trademark infringement. This study aims to analyze the urgency of domain name regulations in trademark protection, examine the forms of legal protection that trademark owners can pursue against domain name abuse, and compare these regulations with those in the United States. The method used is normative legal research with a legislative, conceptual, and comparative law approach. The legal materials analyzed include the Trademark and Geographical Indications Law, the Electronic Information and Transactions Law, and the Anti-Cybersquatting Consumer Protection Act (ACPA) in the United States. Article 83 of the Trademark and Geographical Indications Act does provide a basis for compensation claims for trademark infringement, but there is a normative gap because it does not explicitly regulate the misuse of domain names as part of trademark infringement, indicating that there is a normative gap in Article 83 of the Trademark and Geographical Indications Act because it does not explicitly regulate the misuse of domain names as part of trademark infringement. As a result, dispute resolution still depends on the interpretation of judges and general provisions regarding trademark infringement or unlawful acts. Legal protection in Indonesia is carried out in two forms, namely preventive protection through trademark registration and objection and cancellation mechanisms, and repressive protection through civil lawsuits based on Article 83 of the Trademark and Geographical Indications Law and the possibility of criminal charges. However, there is a normative gap in Article 83 because it does not explicitly regulate the misuse of domain names as a form of trademark infringement, so dispute resolution still depends on legal interpretation. In contrast, the United States clearly regulates the registration and use of domain names in bad faith as trademark infringement through the ACPA. Therefore, adjustments and strengthening of regulations in Indonesian trademark law are needed to provide greater certainty and more effective legal protection for trademark owners in the digital age.