What is the nature of domain name disputes?
Domain name disputes arise largely from the practice of cybersquatting, which involves the registration by third parties of domain names which contain some or all of another’s trademark. Like any litigation or arbitration, there are two perspectives regarding domain disputes. On the one hand, there are trademark owners trying to protect their marks. On the other side, are domain owners who are seeking to own/use domains for reasons that include commercial exploitation, commentary, and criticism. From the trademark owners view, cybersquatters exploit the first-come, first-served nature of the domain name registration system to register names of trademarks, famous people or businesses with which they have no connection. Since registration of domain names is relatively simple, domain owners can register numerous examples of such names as domain names, and in fact, many domain owners are in the business of purchasing domains. As the holders of these registrations, domain owners often then
While designed to serve the function of enabling users to locate computers (and people) in an easy manner, domain names have acquired a further significance as business identifiers and, as such, have come into conflict with the system of business identifiers that existed before the arrival of the Internet and that are protected by intellectual property rights. Domain name disputes arise largely from the practice of cybersquatting, which involves the pre-emptive registration of trademarks by third parties as domain names. Cybersquatters exploit the first-come, first-served nature of the domain name registration system to register names of trademarks, famous people or businesses with which they have no connection. Since registration of domain names is relatively simple, cybersquatters can register numerous examples of such names as domain names. As the holders of these registrations, cybersquatters often then put the domain names up for auction, or offer them for sale directly to the com