Resolving Disputes between Domain Name and Trademark: Legal Frameworks Available

Abstract

Disputes that arise between domain names and trademarks involve the second level of domain name construction. For example, in the address “www.cocacola.com”, the second level domain name is cocacola. Identical or matching domain names cannot coexist on Internet. Given the domain name registration is a first-come, first-served scheme that does not necessitate trademark checks, it provokes disputes between trademarks owners and identical domain name holders. Following World Intellectual Property Organization’s recommendations, ICANN assumed the Uniform Domain Name Dispute Resolution Policy. The UDRP grants owners of trademark privileges with an administrative mechanism for the effectual resolution of disputes arising out of bad faith registration and practice by the domain names holders matching to those trademark rights. The two methods available to the owner of the infringing trademark, court or arbitration, are preferred to be retained, given that the UDRP recognized the influence of a regular court over the course of dispute resolution proceedings it decides.