Law Commons^™

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.

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Making The Most Of Commercial Global Domains, Thomas G. Field Jr

Law Faculty Scholarship

Despite echoing skepticism about the long-term prospects for commercial global domains based in part on how they are governed, this paper concludes that nominal addresses are essentially a new form of intellectual property, to be viewed and managed in ways sometimes fundamentally different from trademarks and other indicia of commercial goodwill. In support, the article first reviews the domain name system ("DNS") under which nominal addresses may be registered. The article then outlines central principles of unfair competition law underlying the resolution of disputes within the United States. Finally, the article reviews how nominal addresses pose several new kinds of …