A Global Update on the Domain Name System and the Law: Alternative Dispute Resolution for Increasing Internet Competition— Oh, the Times They Are a-Changin’!

Abstract

The Internet Revolution has come upon the world and is in full swing. Traditional laws must fight to keep the pace and accommodate rapid new developments of the global Internet, particularly the growing desire and need for entities and individuals to create and maintain an Internet presence. This is accomplished via a domain name that is chosen and assigned by Internet registrars. However, not all domain names can be had without a fight or controversy. Often, multiple parties lay claim to the same domain name(s)—one entity, because of their ownership of that particular name or a close variant as a trademark, and the other party, possibly, because of a previous use in commerce or perhaps free speech rights.
This Article addresses the clash of trademark law and domain name registration, considering both U.S. and international case law and agreements. Developments in Internet administration, structure, and domain name policy are traced, along with a discussion in some detail of the new Uniform Dispute Resolution Policy for arbitrating, rather than litigating, domain name disputes. An annex of Internet domain name-related Web sites is included as well. The authors with to provide a solid overview of the present state of domain name policy and law, while encouraging further research and synthesis of the international domain name system to help generate greater efficiency, more public input, and less controversy.