Open Access. Powered by Scholars. Published by Universities.®

Law Commons

Open Access. Powered by Scholars. Published by Universities.®

Series

2001

Intellectual Property Law

Publications

Articles 1 - 1 of 1

Full-Text Articles in Law

Owning Words In Cyberspace: The Accidental Trademark Regime, David Franklyn Jan 2001

Owning Words In Cyberspace: The Accidental Trademark Regime, David Franklyn

Publications

The domain name system presents challenges to trademark law that are unique-in both kind and degree-and that promise to have long lasting effects. Because the domain name system is essentially non-legal in character and international in scope, it is not subject to the dictates of any particular legal sovereign. Conformity with trademark law is further frustrated by the fact that the domain name system was initially developed without any thought of its potential effects on trademark rights or traditional trademark regimes. All of these factors render it particularly difficult to control as a cultural force.

The remainder of this Article ...