THE LEGAL CHARACTER OF DOMAIN NAMES' CYBERSQUATTING

Abstract

Since Cyberspace has emerged, a new phenomenon, among other things, has shaped the relationship of the digital community's stakeholders. In this regard, the relationship between the two leading digital community's stakeholders (domain name owners and trademarks' holders) has been described more often than not as unstapled and conflicting relations over potential interests, profits, and commercial dignity of brands. At the early time of the digital revolution, the spider web was a double edge sword on both sides of commercial and legal technical aspects. One of these challenges was domain names’ Cybersquatting. With the absence of legal organizing rules, the main obstacles are present in unclarity of the legal nature of domain names’ Cybersquatting, at least at the early time of Cybersquatting demonstration as legal cases problem.

Keywords

• cybersquatting
• domain names
• dilution
• passing off
• unfair competition