How are trademarks and service marks different from Internet domain names?
While a trademark or service mark must be used to identify the source of goods and services to consumers, the primary function of an Internet domain name is to identify the location of one particular computer server on the World Wide Web – much like a telephone number identifies one specific telephone line. Furthermore, since likelihood of confusion concepts for trademark infringement necessarily involve an evaluation of the relationship of the goods and services of the parties, it is possible that in situations where the goods or services of two or more trademark owners are unrelated, then the same mark can be used by different owners. Since Internet domain names can only identify one specific computer on the Internet, it is not possible to have multiple users of the exactly the same Internet domain name. Note that the key word is “exactly” the same. Any minor variation in a domain name, such as a hyphen, phonetic variation or differing top level extension (e.g., .COM, .ORG, .NET, .BI
