A Barcelona.Com Analysis: Toward a Better Model for Adjudication of International Domain Name Disputes

89 Pages Posted: 21 Feb 2005

See all articles by Zohar Efroni

Zohar Efroni

Stanford's Center for Internet and Society

Abstract

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.

Keywords: cybersquatting, domain names, trademarks, Barcelona.com, ACPA, UDRP

JEL Classification: K11, K23, K33

Suggested Citation

Efroni, Zohar, A Barcelona.Com Analysis: Toward a Better Model for Adjudication of International Domain Name Disputes. Available at SSRN: https://ssrn.com/abstract=669865

Zohar Efroni (Contact Author)

Stanford's Center for Internet and Society ( email )

Stanford, CA 94305
United States

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