ABSTRACT
If trademarks are part of an orderly structure of limitations and privileges, domain names are still at a stage of legal uncertainty, which is both accidental and intentional: accidental, because only over the past few years have courts engaged in a substantial domain name dialectic; and, intentional, because over the past decade the trademark community has systematically campaigned that domain names constitute part of their de jure trademark rights. Under a more philosophical context, such an ambiguity also corresponds to the problematic of the Internet and the effort to rationalise its legal challenges through an analogy with offline activities.
