Domain Name Disputes

Subject: Domain Name Disputes
From: Emanuella Giavarra (
Date: su 21 syys†† 1997 - 21:55:20 EEST

Dear list members,

This message was originally posted to the US CNI-Copyright list.

Kind regards,
Emanuella Giavarra

Domain Name Disputes: Preemptive Suits

   Sites Charged with Trademark Infringement Sue to
   Keep Domains Intact

Law Journal EXTRA!

Since the inception of the commercial Internet, online
domain names have been available on a first-come,
first-serve basis. As more and more businesses
registered their names as domain names, it quickly
became apparent that there are not enough of the most
sought-after Internet addresses to go around.

But when more than one party claims the right to a
popular site name, such as or a sound-alike
such as Esqwire, choosing the rightful proprietor is often
a lengthy legal dispute. And according to a policy of
NSI, until the parties settle the trademark dispute,
neither has access to the domain name.

Increasingly, however, domain name proprietors are
taking action to prevent cancellation of their sites.
Plaintiffs and attorneys alike are protesting that
Network Solutions' policy penalizes site operators
charged with trademark infringement -- before any
actual infringement has been proved.

Increasingly, site proprietors are taking the matter
to court. But though domain name litigation is swelling,
lawyers note, case law is sparse.

To get the full story, including full text of pleadings in
these cases, visit

Morgan Stevens

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