Eminent domain names: the struggle to gain control of the Internet domain name system

Article Abstract:

Regulation of the domain name system on the Internet should allow for multiple use of the same second-level domain name. In the domain name "www.company.com," the second-level domain name is "company." Multiple use of a second-level domain name is technically possible and would bring Internet commerce in line with traditional trademark law. Internet trademark dispute resolution up to 1998 has revolved around second-level names. Dispute resolution would revolve around more substantive content-related issues with second-level name reform, and such dispute resolution procedures need to be established in the event of reform.

United States, International, Negotiation, mediation and arbitration, Electronic commerce, E-commerce, Trademark (International law)

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Right on the mark: defining the nexus between trademarks and Internet domain names

Article Abstract:

The policies for registering Internet domain names should be revised to better comport with trademark rights, but revision should be done without losing sight of the non-commercial purposes of the Internet. Network Solutions, Inc. (NSI), the entity charged with assigning domain names, should not become a forum for resolving trademark disputes, and use of a domain name alone should not give rise to trademark rights. Genetic name issues and trademark infringement issues can be addressed by the courts through analogy to mnemonic telephone number case law.

Trademarks

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An island in the net: domain naming and English administrative law

Article Abstract:

Decisions made by Nominet UK, the corporation established in the UK to oversee domain name registration, should be reviewable by the courts, but the scheme for regulating domain name registration should balance public and private concerns. Characterizing domain name registration as a public function will help structure the growth of the Internet. The interests of users, both commercial and non-commercial, must be integrated into the decision-making process, however, to ensure the legitimacy of regulatory bodies.

United Kingdom, Usage, Administrative law, Nominet UK

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