ЦИВІЛЬНЕ І ТРУДОВЕ ПРАВО Юридичний вісник 2 (59) 2021 128 DOI: 10.18372/2307-9061.59.15606 UDC 347.77:004(045) Alla Diduk, Ph.D (Law), Associate Professor ORCID ID: https://orcid.org/0000-0003-2176-1055 Stepan Lytvyn, PhD (Law), Associate Professor ORCID ID: https://orcid.org/0000-0003-4449-8720 DOMAIN DISPUTES: PROBLEM ASPECTS National Aviation University Liubomyra Huzara Avenue, 1, 03680, Kyiv, Ukraine State higher educational establishment «Uzhhorod National University», Institute of Educational and Professional Development Goyosh utzo17. I/2, 1065, Budapest, Hungary E-mails: diduk.alla@gmail.com, iepdoffice@gmail.com Purpose: the purpose of this article is to clarify the main problems of litigation of domain disputes and suggest ways to overcome them. The methodological basis of the study are general scientific and special methods of cognition. The use of these methods made it possible to describe the problems of litigation of domain disputes. Results: the study found that neither domestic law nor domestic justice is ready to deal with cases related to domain disputes. Because in practice they face the problem of clarifying judicial jurisdiction and the impossibility of applying the rules of international law. The plaintiff faces the problem of identifying the defendant, there are difficulties in proving and the need to file a statement of claim. And the plaintiff, most often, can only be the owner of a registered trademark (mark for services). Discussion: it is possible to overcome the existing problems of litigation of domain disputes by improving the procedure of domain name registration, which will prevent violation of the rights of owners of means of individualization of participants in civil circulation, goods and services, and in case of violation of these rights. Keywords: domain names; domain disputes; judicial proceedings; judicial jurisdiction; proof; defendant; security for claim. Problem statement and its relevance. Analysis of scientific researches dealing with the problems of the legal status of domain names on the World Wide Web testifies to the fact that modern civil law pays little attention to the judicial proceedings of domain disputes. Domain names have a complex legal nature for they are similar to trade marks (ser- vice signs), commercial (company) names, natural person’s name and that often leads to legal colli- sions related to the rights for domain names and other similar objects of intellectual property law [1, p. 26]. This causes different application of legisla- tion by courts in this sphere. By registering a domain name the rightsholder of the brand can acknowledge the fact that it sounds similar to his brand, but is registered by another person. In this case, the parties engage in a domain dispute. Thus, a domain dispute is a dispute arising due to the legal nature (bad faith) of registration and using a domain name between the rightsholder of the domain name and another interested party (e.g. owner of the trademark certificate) (service mark). One can say that domain disputes arise due to the infringement of the law called cybersquatting – seizure of domain names – registration of domain names that are the same or similar to brand with their further use in bad faith both for their own commercial aims and to resell them to the corre- sponding brand owners [2, p. 215].