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Frontier Compliance: A Communication System Emerging in Cyberspace
Unformatted Document Text:  7 ownership, usually monetary or other benefits. In many cases the disputes arose between domain name holders and those who use the same or similar name to the domain name for their trademarks, service marks, company names, or product names. As usually the latter are big companies with great financial resources, they often obtained the domain names they want to acquire by offering monetary compensation. Therefore, disputes related to domain names arise basically between those who invested their mind and effort in finding valuable domain names and registering them and those who were not so quick in investing in advance but had money to compensate for the failure to obtain the domains beforehand. Many of the trademark holders and others who claim their rights in the domain names that are already registered, thus used their most effective weapon, money, to pursue their interests in cyberspace. When the domain name holder is not willing to sell his domain for the money the companies are offering, or when the companies do not want to spend the amount of money that the domain name holder asks, however, the disputes cannot be solved easily. The registrars do not involve themselves in dispute resolution, only following the first- come, first-served basis of the registration. Thus the domain name remains with the original owner, unless the domain name seekers go to court to claim their legally based rights and the courts accept their arguments. Usually their legally based rights were those related to their trademarks. But trademarks operate under very different rules from the domain name system (DNS). In most of the world, trademarks are acquired through registration with government agencies upon review, although in some countries including the U. S. “common law” trademark rights can also be acquired through use (Froomkin, 2001). In addition, trademark law is organized around geographical and sectoral boundaries, except for a small class of “famous names” such as Coca-Cola. Consequently, rights in trademarks are limited to the type of goods and to the geographical location where the goods are sold. Also, disputes between domain name holders and trademark holders reflect the conflict between rights of intellectual property in real space and the rights primarily based on cyberspace activities. For example, “savin” is a trademark of a U. S. company, and it is also a name used by a freelance web columnist in Korea. When www.savin.com is registered by the columnist and Savin Corporation that holds the trademark “savin” claims a right in the domain name, whose right should precede whose right in determining ownership of the domain name? Disputes of this kind, if not settled between the parties, go to court, and trademark laws may be applied to solve the disputes. However, as the case not only deals with rights of trademark but also rights in cyberspace which may or may not be dealt with by traditional laws in real space, law of the traditional sense is not readily available to

Authors: Woo, Jisuk.
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7
ownership, usually monetary or other benefits. In many cases the disputes arose
between domain name holders and those who use the same or similar name to the
domain name for their trademarks, service marks, company names, or product names.
As usually the latter are big companies with great financial resources, they often
obtained the domain names they want to acquire by offering monetary compensation.
Therefore, disputes related to domain names arise basically between those who invested
their mind and effort in finding valuable domain names and registering them and those
who were not so quick in investing in advance but had money to compensate for the
failure to obtain the domains beforehand. Many of the trademark holders and others
who claim their rights in the domain names that are already registered, thus used their
most effective weapon, money, to pursue their interests in cyberspace.
When the domain name holder is not willing to sell his domain for the money
the companies are offering, or when the companies do not want to spend the amount of
money that the domain name holder asks, however, the disputes cannot be solved easily.
The registrars do not involve themselves in dispute resolution, only following the first-
come, first-served basis of the registration. Thus the domain name remains with the
original owner, unless the domain name seekers go to court to claim their legally based
rights and the courts accept their arguments. Usually their legally based rights were
those related to their trademarks. But trademarks operate under very different rules from
the domain name system (DNS). In most of the world, trademarks are acquired through
registration with government agencies upon review, although in some countries
including the U. S. “common law” trademark rights can also be acquired through use
(Froomkin, 2001). In addition, trademark law is organized around geographical and
sectoral boundaries, except for a small class of “famous names” such as Coca-Cola.
Consequently, rights in trademarks are limited to the type of goods and to the
geographical location where the goods are sold. Also, disputes between domain name
holders and trademark holders reflect the conflict between rights of intellectual property
in real space and the rights primarily based on cyberspace activities. For example,
“savin” is a trademark of a U. S. company, and it is also a name used by a freelance web
columnist in Korea. When
www.savin.com
is registered by the columnist and Savin
Corporation that holds the trademark “savin” claims a right in the domain name, whose
right should precede whose right in determining ownership of the domain name?
Disputes of this kind, if not settled between the parties, go to court, and trademark laws
may be applied to solve the disputes. However, as the case not only deals with rights of
trademark but also rights in cyberspace which may or may not be dealt with by
traditional laws in real space, law of the traditional sense is not readily available to


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