I have a trademark registered and I have just found out that a firm is using as an internet address my trademark. Can I stop him and, above all, can I get the domain in my favour?

The ownership of a registered trademark, in effect, gives the possibility to prevent others using that same name in the correspondence and in any other type of commercial use, including the use on Internet. With reference to this there are many sentences confirming this statement and only three are of different opinion, therefore, by legally acting to prevent the firm using the name, you could win the case. However, there is a much simpler way to reach the desired result, and that is of directly turning to a Conductor Entity, meaning an office authorised by the Registry deciding who has or not the right to use a certain name. This kind of procedure does not involve a lawsuit, but it is an alternative, internal to the procedure, of resolving the conflict in a much quicker time and at a lower cost. Important clarifications over the Re-assigning Procedure can be found in the web page http://www.nic.it/NA/maps. If, on the other hand, for “internet address” we don’t mean a domain name, such for instance www.ferrari.it or www.sport.it, but another type of address, like www.tiscalinet.it/ferrari or an e-mail address, then it is impossible to go to the Conductor Entity, but this requires a judge’s appeal. In this second case though, as the situation is less serious, it is more convenient to start by distrusting or advising the counterpart of what is happening and of the right to use the name, by inviting him to have it removed and not to use it.