Trademarks Along the Infobahn: A First Look at the Emerging Law of Cybermarks

Use of the global Internet computer network is rising exponentially. As Internet subscription increases disagreements between users are expected to arise, just as where any sizeable number of human beings interact, disagreements may be expected to arise. To date, on-line disputes have been primarily dealt with via informal solutions, such as the polite conventions of "netiquette" shared by Internet users. However, as the community of Internet users grows increasingly diverse, formal dispute resolution mechanisms, embodied as law and legal institutions, may be called upon by the parties to resolve disagreements.

For example, several acrimonious disputes have already arisen over the use of particular "domain names" on the Internet. This paper discusses how established principles of trademark law may be applied to resolve such controversies. Such a discussion properly begins with a review of the nature and function of the global Internet.