A Barcelona.com Analysis: Toward a Better Model for Adjudication of International Domain Name Disputes
Stanford's Center for Internet and Society
Fordham Intellectual Property, Media & Entertainment Law Journal, Vol. 14, p. 29, 2003
This Article analyzes one of the most concerning aspects of U.S. cybersquatting law: foreign actors litigating domain name disputes in U.S. federal courts. This problem surfaced and received special attention in the Fourth Circuit's recent decision in Barcelona.com, Inc. v. Excelentisimo Ayuntamiento de Barcelona.
Part I of this Article provides essential background to domain name dispute issues. Part II describes the legal framework created to deal with cybersquatting activities, namely the Anticybersquatting Consumer Protection Act and the Uniform Dispute Resolution Policy. Part III provides an overview on the background and facts surrounding the Barcelona.com domain name dispute and the Fourth Circuit's ruling. Part IV consists of a critical analysis of the decision and discussion of its resulting troublesome consequences. Finally, Part V presents an alternative to current cybersquatting policy and approaches. In addition, it provides a new model that highlights the advantages of the alternative as compared with the shortcomings of the present approaches.
Number of Pages in PDF File: 89
Keywords: cybersquatting, domain names, trademarks, Barcelona.com, ACPA, UDRP
JEL Classification: K11, K23, K33
Date posted: February 21, 2005
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