With Liberty and Domain Names for All: Restructuring Domain Name Dispute Resolution Policies

Abstract

This Comment explores the current state of domain name dispute resolution policies and examines why these policies fail to adequately address the concerns of those who want to register nontrademarked domains to which they have legitimate claims. The author begins by reviewing the development of the Internet and the domain name registration system and explores the value placed on recognizable domain names. She continues on to review the currently available avenues to resolve domain name disputes and explores the limits of these avenues with respect to nontrademark owning domain name registrants. The author then analyzes current trademark and private dispute resolution cases and argues that dispute resolution policies should place greater emphasis on the Internet as a noncommercial resource, thereby protecting individuals\u27 rights to register their personal names as domains without having those rights unjustly trumped by trademark owners. The author concludes by suggesting policy changes that would protect individuals in domain name disputes