Domain Names

 If an organization wants to have a presence on the internet today, it needs a domain name. When the internet was in its infancy, domain names (like "harvard.edu") were created for the purpose of serving as useful mnemonics. Today, however, they have come to mean much more. As one commentator has noted, domain names are like telephone numbers, addresses, and vanity license plates all rolled into one. Moreover, they are rapidly making their way into real-space, cropping up on television commercials, on billboards, in magazine ads, and even on the sides of buses.

So what does an organization acquire when it registers a domain name? What, if anything, does it "own"? Domain names for the most popular domains (such as ".com" and ".org") are currently handed out by a private company called Network Solutions, Inc., on a first-come, first-served basis and for a set fee. In the past few years, however, a number of disputes have arisen between those who have registered domain names and companies that assert trademark rights to the same or similar names. For example, several years ago, McDonalds, Inc. tried to register "mcdonalds.com," only to find out that the domain had already been registered by someone else.

This raises an initial question about the rights of domain name "owners" and the rights of trademark owners. How should these competing claims be resolved? What happens when on-line "rights" come into conflict with rights in the "real world"? More broadly, are there problems with our current allocation system? A number of proposals are in the works for reforming the current domain name allocation system. In an ideal world, what would the domain name system look like? Would we even have one?

During this second week of the course, we will be discussing these issues in detail. To sharpen your understanding of, and reaction to, these issues, please begin by reading the attached hypothetical problem. At the end of the problem, you will find links to a variety of legal and nonlegal resources that are relevant to these issues. After looking over those resources, you are encouraged to participate in the various discussion groups contained in the virtual classroom..