ABSTRACT

Nowadays, reference to domain name disputes provokes a discussion about intellectual property and trademark law. This is consequential to more than ten years of intense Internet policy making and trademark campaigning that the interests identified in domain names are indiscriminately similar to the ones identified in trademarks and, thus, the justifications of trademark law are both economically relevant and socially germane. The result of this strategy has been the creation of a faux legal regime, replete with unfairness and injustice, which has ultimately undermined the role of domain names and has canonised trademarks to objects of appropriation. Trademarks on the Internet do not obey to the same limitations as trademarks in the offline world.