ABSTRACT
Some time in 2009 we found ourselves concerned again with the interaction between domain names and trademarks. The expansion of the Root and the proposal for an unrestricted availability of new gTLDs prompted fresh discussions and generated a heated debate on the relationship between trademarks and domain names. The setting was highly reminiscent of the old times; trademark owners were still manipulating ICANN as a platform for promoting their trademark interests, cybersquatting and abusive domain name registrations were still used as justifications for lengthy reports on trademark protection and non-commercial users were – once again – voicing concerns over the over-expansive nature of the proposals. All seemed too familiar and routine – nothing had changed in the ICANN processes as, unfortunately, nothing had changed in our perception on the state of domain name regulation. In 2009, our understanding of the relationship between trademarks and domain names was exactly the same as in 1998. But, why is that?
