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15 J. Marshall J. Computer & Info. L. 437 (1996-1997)
Remedies in Domain Name Lawsuits: How is a Domain Name Like a Cow

handle is hein.journals/jmjcila15 and id is 443 raw text is: REMEDIES IN DOMAIN NAME LAWSUITS: HOW IS A DOMAIN NAME LIKE A COW? by CARL OPPEDAHLt I. INTRODUCTION In three short years the Internet domain name has gone from an intellectual curiosity to one of the most hotly contested forms of intellec- tual property. While thousands of domain names have been fought over, only a handful of court opinions have been written. There is as yet no well-developed body of law regarding remedies in domain name cases. This article offers a framework for analysis and proposes an answer to a central question: Under what circumstances ought a court take away a domain name from one party and give it to another? II. BACKGROUND The significance of an Internet domain name derives fundamentally from the significance of the Internet itself. The Internet is the single most pervasive and potent agent of change in modern society. It has uni- fied the e-mail systems of most of the individuals, companies, and organi- zations in the world. Any two persons, connected to the Internet, anywhere on the planet, may communicate via e-mail, regardless of the types of computers and software they may use.1 The Internet has made possible the World Wide Web (Web), an interlinked structure of com- puter networks which now makes a significant fraction of the body of human knowledge available to anyone with an Internet connection and a Web browser. The Web allows anyone to be an instant publisher, and the publication is not only instant but worldwide. The World Wide Web t Partner, Oppedahl & Larson; e-mail: oppedahl@patents.com. J.D. Harvard Uni- versity 1981. 1. The Internet-style e-mail address, a user name and domain name conjoined with an @ sign, is now standard worldwide and all other forms of e-mail addresses have fallen out of use.

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