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11 J. Marshall Rev. Intell. Prop. L. [i] (2011-2012)

handle is hein.journals/johnmars11 and id is 1 raw text is: THE JOHNIMARSHALL
REVIEW OF INTELLECTUAL PROPERTY LAW

FIFTEEN YEARS OF FAME: THE DECLINING RELEVANCE OF DOMAIN NAMES IN THE
ENDURING CONFLICT BETWEEN TRADEMARK AND FREE SPEECH RIGHTS
JUDE A. THOMAS
ABSTRACT
Domain name disputes have been the subject of substantial litigation, legislative action, and
scholarly debate over the course of the past fifteen years. Much of the debate is the product of
disagreement concerning whether trademark rights naturally extend into the domain name space
and to what extent those rights are limited by principles of free speech. Gripe sites are paradigmatic
examples of this debate. Society's investment in defining these rights continues to grow, even as the
relevance of domain names may be declining, due to: (1) changes in the way users locate content on
the Internet; (2) the growth of social media and its consequent de-emphasis on top level domain
names; and (3) the dilution of the domain name space.

Copyright © 2011 The John Marshall Law School
Cite as Jude A. Thomas, Fifteen Years of Fame: The Declining Relevance of Domain
Names in the Enduring Conflict Between Trademark and Free Speech Rights,
11 J. MARSHALL REV. INTELL. PROP. L. 1 (2011).

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