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40 Wake Forest L. Rev. 1361 (2005)
Beyond Cybersquatting: Taking Domain Name Disputes Past Trademark Policy

handle is hein.journals/wflr40 and id is 1371 raw text is: BEYOND CYBERSQUATTING: TAKING DOMAIN NAME DISPUTES PAST TRADEMARK POLICY Jacqueline D. Lipton* All good cyberlawyers know that, in the late 1990s, legal and regulatory measures were adopted, both at the domestic and international level, to address the then-growing problem of cybersquatting: that is, the registration of often multiple domain names corresponding to valuable corporate trademarks with the intention of extorting high prices from the trademark owners for transferring the names to them. Since 1999, the Uniform Domain-Name Dispute-Resolution Policy (UDRP) in particular, complemented by the Anticybersquatting Consumer Protection Act (ACPA), has been very successful in combating this practice. Unfortunately, since the late 1990s, there has been little movement towards developing a comprehensive system for domain name dispute resolution outside the cybersquatting area. Little thought has been given to other forms of domain name disputes that are not so well served by the UDRP and the ACPA. Examples of these kinds of disputes include certain complaints involving personal names and cultural or geographic place names, as well as disputes involving contests between two legitimate trademark holders. This Article suggests the development of a new classification scheme for different types of Internet domain name disputes outside the bad-faith cybersquatting context. This new classification scheme highlights both the fact that the current legal and regulatory framework is focused on only a narrow class of domain name disputes and that the policies underlying this framework are not suited to other categories of domain name disputes. The Article further identifies ways in which new solutions could be developed that are better suited to domain name complaints outside the cybersquatting context and that more appropriately reflect emerging social norms about Internet usage and domain name registration. * Associate Professor and Associate Director, Frederick K. Cox International Law Center, Case Western Reserve University School of Law, 11075 East Boulevard, Cleveland, Ohio 44106, USA, e-mail: Jacqueline.Lipton@case.edu, Fax: (216) 368-2086. The author would like to thank Professors Anupam Chander, Graeme Austin, and Cynthia Ho for valuable comments on an earlier draft of this article. 1361

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