4 Trademarks and domain names

TrademarkDomain name FunctionIdentifies the source of goods and servicesRoutes a request to an address Granted byRegistration with the registry, class by classRegistration with a registrar, first come first served TerritorialityNationalGlobal by structure ConflictA domain name identical to a registered mark can confuse consumers — the practice called cybersquatting Three tests decide most disputes: is the mark distinctive and registered; is the use in the course of trade for the same or similar goods; and does it take unfair advantage of, or damage, the mark's reputation? Bad faith registration — buying a name to sell it to the mark's owner — is the classic case. Remedies include transfer of the domain name, cancellation, and damages.