can also be used to identify businesses or goods, eg amazon.com, easyjet.com. The reason that domain names are controversial is that there are not enough domain names – there is a problem of capacity. In addition, a number of individuals have realised the financial worth of websites and have resorted to blackmailing companies by either asking for large sums of money to transfer ownership to the company or threatening to put illegal or offensive images on the website, in order to destroy the company’s credibility/reputation. The system can be abused in terms of cybersquatting and typosquatting.
Cybersquatting is where someone registers a domain name and that person is not authorised to possess that name. It is also known as Domain Name Hijacking. Typosquatting is where the typosquatter registers a very similar web address to that of the ‘real’ web address, in the hope that people will mis-type the webaddress and thus the typosquatter receives revenue from the advertising hits to the site.
However, there may be an issue of passing off in the UK or of unfair commercial practices in other jurisdictions. In the case of the US, specific legislation has been promulgated which makes it illegal for a person to register or to use for profit an Internet domain name that is identical or confusingly similar to the distinctive or famous trademark or Internet domain name of another person or company, where that domain name has been registered in bad faith. Violati英语论文网 【http://www.51lunwen.org】on of the act’s provisions may result in a fine of between $1,000 to $100,000 per domain name.
Domain names are regulated by private law organisations and regulations, such as the American Internet Corporation for Assignation of Net Names (ICANN). This organisation has established a Uniform Domain Name Dispute Resolution Policy (UDRP). This is a system of arbitration for cybersquatting and other domain name related disputes. On the other hand, intellectual property rights are protected by public law authorities of each State territory.
ICANN has four main responsibilities;
1. set policy for allocation of the Internet Protocol number blocks
2. oversee the root server system
3. oversee the policy for issuing new TLDs
4. coordination of other technical parameters to ensure universal connectivity
ICANN is a private organisation, constituted under the laws of California and it has to be questioned how such an organisation can adequately take into account the needs of internet stakeholders such as other sovereign states, and regional and international organisations.
Each TLD is administered by an ICANN approved registrar. Each registrar is responsible for the proper functioning of the TLD and for granting the limited space available. The system of allocating the TLD can either be preventive, whereby the IP holder can object to the granting of the domain name or ex post facto, where the IP holder can use the UDRP to object to t
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