In this Note, the author discusses the history of disputes over Internet domain names and presents potential solutions to the problem. The author reviews the International Ad Hoc Coalition's proposal for additional top-level domains, and concludes that new domains will not provide an adequate solution to disputes over domain names.
The author provides an overview of trademark law, including the Federal Trademark Dilution Act of 1995, which created a federal cause of action for trademark dilution. Although the addition of this cause of action has made it easier for trademark owners to prevent the use by others of "famous" marks as domain names, the author concludes that this too falls short of a complete solution to preventing domain name disputes.
The inherent conflicts existing between the national trademark law system, which takes into account the different categories of goods or services, and the global domain name system, the author concludes that the domain name problem has not been solved, and that disputes over domain names will continue to arise with increasing frequency as more businesses race to get on the Internet.
War.com: Why the Battles over Domain Names Will Never Cease,
19 Hastings Comm. & Ent. L.J. 719
Available at: https://repository.uchastings.edu/hastings_comm_ent_law_journal/vol19/iss3/6