International / Trademarks / Domain Names

In the Berkeley Technology Law Journal, Vol 15 No 1, 2000, Luke A Walker discusses ICANN’s Uniform Domain Name Dispute Resolution Policy. He traces the background to, and working Names of, the domain name system; the relationship between Network Solutions Inc (NSI) and the Internet Corporation for Assigned Names and Numbers (ICANN); the role of the accredited registrars; and the circumstances in which disputes can arise between holders of domain names. He then describes ICANN’s procedure for resolving these disputes, setting out first the substantive matters on which a dispute may be founded (such as confusing similarity to the complainant’s trademark) and the administrative procedure which follows. The author comments that whether ICANN’s policy is the right one depends in part on the basic goals for any Internet policy. He points out the dangers of cyber-squatting and cyber-wildcatting. The author’s conclusions are in general favorable to ICANN’s policy; but urges that it should extend to other problem areas: in particular, non-consumer and reverse domain name hijacking. [20011]