A Normative Critique of Private Domain Name Dispute Resolution, 22 J. Marshall J. Computer & Info. L. 625 (2004)

In recent years, much has been made of the rapid expansion and tremendous commercial potential of the Internet. As such, domain names that contain or imply an entities trademarked name have become extremely valuable to these entities. The difficulty, however, is balancing the rights of the trademark owners with Internet users within the burgeoning commercial environment. This comment examines the balance between the Uniform Dispute Resolution Policy (UDRP) and traditional trademark protection. It discusses several persuasive documents including the International Trademark Association’s 1997 White Paper and the United States Department of Commerce’s Green and White papers. The comment further develops the Uniform Dispute Resolution Policy within the context of the Federal Anti-cyber-squatting Consumer Protection Act. Ultimately, the Uniform Dispute Resolution Policy is a legitimate and valid adjudicatory process. However, its attractiveness for forum shopping and the unchecked potential for reverse domain name hijacking provide a serious flaw to the UDRP. It is these issues that need to be addressed in order for the UDRP, or its eventual successor, to prevail