Document Type
Article
Abstract
The first part of this Article provides an introduction to the technical issues and terminology relevant to domain name disputes. The second part of this Article will be devoted to showing how and why consumer confusion is being ignored instead of serving as the centerpiece of trademark infringement litigation in the Internet name context. Included in this second part will be a look at the UDRP and its failing as an attempt to resonate with any accuracy the principles of trademark law, as well as the newer concept of “initial interest” confusion appearing in a number of domain name disputes. The third part of this Article will focus on the implications of such wholesale degradation of trademark law. The fourth and final part of this Article will suggest modifications to existing laws and dispute resolution policies, the systems that render decisions on those policies, and the application of rules within those policies.
Recommended Citation
Miguel C. Danielson,
Confusion, Illusion and the Death of Trademark Law in Domain Name Disputes,
6 J. Tech. L. & Pol'y
(2001).
Available at: https://scholarship.law.ufl.edu/jtlp/vol6/iss2/3