About | HeinOnline Law Journal Library | HeinOnline Law Journal Library | HeinOnline

33 Ariz. St. L.J. 637 (2001)
Trademarks and Service Marks and Internet Domain Names: Giving ICANN Deference

handle is hein.journals/arzjl33 and id is 653 raw text is: COMMENT

Donna L. Howard*
Because of the wealth of information and services available on the
Internet, more and more people have learned to use the Internet and now do
so frequently. As a result, companies are able to reach more potential
customers by advertising on the Internet and by making goods and services
easily available and at a cheaper price.' Therefore, a company's web-site on
the Internet can be a vital part of its business plan and its ability to turn a
profit.' An important part of any company's web-site is the domain name
used to access the site, and a company's trademark or service mark can play
an important part in the selection of a domain name.'
As others have realized the value of using trademarks and service marks
(marks) in domain names, many individuals and companies have attempted
to take advantage of this asset by registering a third party's mark and selling
it for a substantial profit to the trademark owner (cybersquatting),4 using it
to increase traffic to their web-site, or using it to prevent consumers from
reaching the web-site they intended.5 As these cases first arose, courts
*    J.D. candidate, Arizona State University College of Law, 2002; B.S., Chemical
Engineering, Louisiana State University, 1996. The author would like to thank Professor Samuel
Sutton and Pacer Udall for their guidance in writing this Comment. The author would also like to
thank her family and John Catalflo for their love and support.
1.   Sporty's Farm L.L.C. v. Sportsman's Mkt., Inc., 202 F.3d 489, 493 (2d Cir. 2000).
2.   Id.
3.   Id.; Panavision Int'l, L.P. v. Toeppen, 141 F.3d 1316, 1319 (9th Cir. 1998)
([Cjompanies prefer to have a recognizable domain name.).
4.   Porsche Cars North Am., Inc. v. Spencer, Civ. S-00-471 GEB PAN, 2000 U.S. Dist.
LEXIS 7060, at *5 n.4 (E.D. Cal. May 17, 2000) (Some owners of domain names which
incorporate a company's trademarks have attempted to sell those domain names at an exaggerated
price, thereby engaging in what is commonly referred to as 'cyberpiracy' or 'cybersquatting.').
5.   See Anticybersquatting Consumer Protection Act, 15 U.S.C. § 1125(d)(1)(B)(i)(V)
(Supp. V 1999).

What Is HeinOnline?

HeinOnline is a subscription-based resource containing nearly 3,000 academic and legal journals from inception; complete coverage of government documents such as U.S. Statutes at Large, U.S. Code, Federal Register, Code of Federal Regulations, U.S. Reports, and much more. Documents are image-based, fully searchable PDFs with the authority of print combined with the accessibility of a user-friendly and powerful database. For more information, request a quote or trial for your organization below.

Short-term subscription options include 24 hours, 48 hours, or 1 week to HeinOnline with pricing starting as low as $29.95

Contact us for annual subscription options:

Already a HeinOnline Subscriber?

profiles profiles most