 |
 |
 |
|
Types of Domain Name Disputes and Why they Arise |
|||
| Part II:
Domain Name Disputes When reviewing the domain name disputes brought to court, the evidence points that the majority of conflicts are surrounding .com addresses. The .com gTLD has been made popular by strong commercial sites and general propaganda promoting the Internet to new users. Thus everyone gets the gTLD as right now it is the most recognizable. One reason for increased tension over .com is that many users are assuming that they should be using this gTLD. However, not everyone should be using .com. Non profit organizations and personal web pages have been resorting to the popular trend. This gTLD was made for commercial sites in mind. It seems popular propaganda has turned it into the "address of choice" regardless of use. The real reason for domain name disputes centers around SLDs. Anyone with a name wants to have the SLD which identifies them online. This is especially the case for established businesses. Although different businesses in different geographical locations may use the same business name, only one may use the name on the internet which does not recognize geographical boundaries. Add the similarities of names with the popular "hunger" for .com and what was a list of possibilities is dwindled down into one address of choice. When two people want the same .com address, it is usually given on a first come - first served basis. When there is a trademark involved this is usually not the case. If the trademark is not proven to be misused by the original owner then sometimes first come - first served is the rule (for an example see Fuji Photo Film Co Limited and Fuji Photo Film USA Inc v Fuji Publishing Group LLC). However, many times the trademarked businesses have been receiving the upper hand in courts. This seems to be related to the use of popular names for SLDs by those only out to generate profit. Using an Existing Name
for Profit |
Another threat to trademarked businesses online is the registering of the SLD with the
intent of offering it for sale; this is commonly known as cyber-squatting. In the
past many sites were registered by various unaffiliated users which would then contact the
owners of the trademark and attempt to bargain a resale. Sine the enactment of the U.S. Anticybersquatting
Consumer Protection Act this is beginning to cease. However, some users are
still registering SLDs which are the same as a trademarked name and waiting for the
trademark holders to contact them. In most cases the users then ask for a
reimbursement fee for efforts they put into a bogus site. Finally, some users are using misspellings of popular names to attract an established clientele. For example, a recent case of Microsoft Corporation v. Global Net 2000, Inc. was centered around Global Net 2000, Inc. reregistering many variations of popular Microsoft sites. These included such address as: hotmaill.com, otmail.com and homail.com. This case was ruled in favor of Microsoft Corporation. Under the Trademark Act of 1946 (Lanham Act), one cannot cause trademark dilution by being deceivingly similar in attempt to receive business or cause confusion which may hurt a trademarked name. The race for .com addresses has created a clash by businesses which may operate in different markets and geographical areas but are faced with the dilemma of a borderless online world. In addition, the misuse of trademarked names has caused increased litigation surrounding trademarks. In the first instance it is usually given to first come - first served. However, when trademarks are involved, because of the character of some users out for profit, the courts have the tendency to rule in favor of the trademarked business.
Links to Domain Name Cases:
|
||
| Back to Main Page | Part I: Domain Names | Part III: Domain Name Resolution | |
|||
