INTERNET DOMAIN NAME LAW 2001: EVOLVING JURISPRUDENCE IN A MATURING DOT.ECONOMY

摘要

The "dot com crash" of 2001 has witnessed a dramatic shift in the Internet economy. Whereas just a year ago, e-commerce start-ups, content providers, and novel on-line business models were sprouting on the Internet daily with the lure of lucrative IPO's or mergers, the focus today is on the bankruptcies, marketing excesses, and the "new despair" facing Internet industries. Despite the down cycle affecting the not-so New Economy and the domestic technology-economy in general, one of the realities facing all Internet companies is the evolution of legal standards and dispute resolution involving one of the fundamental issues on the Internet: domain name ownership. Both mature companies' presence on the Internet, as well as Internet companies' identities, are affected by domain name branding and thus consumer recognition. In an era where the focus is on profitability and cash preservation, one of the challenges facing Internet companies is strategic selection and enforcement of domain name rights. For the "post-Internet boom" era, it may be even more important for companies and those who advise them to be aware of domain name jurisprudence and the commercial realities surrounding domain name disputes.