Domain Names: Has Trade Mark Law Strayed From Its Path?

Trademarks and domain names are infringed by an unauthorised ‘use in the course of trade.’ Trademark infringement predates the Internet, of course, but by eroding the geographic boundaries that traditionally allowed multiple users to apply the same or similar mark in different countries or in relation to different products, the Internet has aggravated the illegitimate use of trademarks. Part I of this article will outline the nature and justify the protection of intellectual property but argue that unlike passing off registered trademark law has strayed from its path. Part II will examine judicial attitudes towards trademarks and domain names and contend that emphasis on the reputation of the trademark rather than reputation in the product underlines current problems. Part III will review the nature of domain name disputes, comment on dispute resolution policies and suggest indexed linking or classified registration of domain names as one possible solution. MFK-Mendip Job ID: 9812BK--0001-8 1 204 Rev: 22-10-2003 PAGE: 1 TIME: 08:02 SIZE: 60,00 Area: JNLS OP: JH