In defense of (our) domain names

I was looking for more arguments to support the position of domain names and found a paper written on this particular subject - The Current State of Domain Name Regulation: Domain Names as Second Class Citizens in a Mark-Dominated World, written by Konstantinos Komaitis. I thought it would be interesting for some of you to read few (or more) extracts from this book which describes very well the favorite position that trademarks unfortunately have in udrp disputes. And one important thing should be mentioned before reading. The paper not only shows the disadvantages that the domain name owner has in front of the mark, but also demonstrates that the lack of clear regulation of the domain names will ultimately affect the limited nature of the trademarks. “There is a great fear that we will not be able to afford similar trademarks in different classes, identical trademark in different regions or adhere to trademark law’s limitations. “ “We stop caring about the domain names registrants who unfairly lose their domain names to trademarks owners and are subject to unfair UDRP processes and biased panels.” “We stop caring about small trademark owners and startups who saw the internet as the platform to promote their ideas and speech to the world.” “I felt the need to tell this story because I realized that registrants are unrepresented and indiscriminately seen as bad factors in an environment that fully supports and protects trademarks owners.” “The book and the arguments presented emanate from the thesis that no institution or system has a monopoly on curbing justice arbitrarily, much less ICANN and its trademark constituency. Academic literature is replete with examples of ICANN’s power and its questionable use of it, the illegitimate of the UDRP and the way both ICANN and UDRP have been compromised by…
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