Domain Names' Legal Dispute Impact: Value & Dispute's Cost

AuthorFahed Wahdani
PositionUniversity of Debrecen Faculty of law and political science, Hungary
Pages13-31
Law, Society & Organisations
Volume V, Issue 8 (1 / 2020)
13
Fahed WAHDANI
University of Debrecen Faculty of law and political science, Hungary
DOMAIN NAMES’ LEGAL DISPUTE
IMPACT: VALUE & DISPUTE’S COST
K
eywords
Domain names;
Financial impact;
Legal dispute;
Industry;
Stakeholders;
Abstract
There is no doubt that domain names have founded new world of digital business equal to geographical
traditional business world. And in such a borderless world (cyberspace), everyone has aimed to gain his own
share. However, the features of the conflict over the contested rights have begun to appear publicly between
the main stakeholders of cyberspace. Despite this, the conflict took legal shape, but in fact this legal conflict
was hiding severe financial fighting. An d when it is informed there is financial conflict between main
stakeholders, it means there is a profit, loss, and costs come over this conflict. As a result, every legal conflict
has its own financial equivalent if this legal conflict could be coded into financial values.
Law, Society & Organisations
Volume V, Issue 8 (1 / 2020)
14
METHODOLOGY
This paper will depend on comparative approach
and analytic description of domain names’
phenomena to evaluate the financial effect of
domain names. On the other hand, this paper will
take into consideration a variety of statistical and
analytical reports of domain n ames registration to
explain the financial effect related to the stability of
domain industry, the main stakeholders, as well as
the conflict’s parties. The state of the domain name
industry through a variety of statistical and
analytical research. In addition , analytical approach
will be u sed to equivalent values of legal text to
understand the financial effect of domain names
phenomena.
The study’s assumption, Theoretical frame &
importance of this issue
The main assumption of this paper is incarnated in
the following proposal: every legal conflict related
to domain names’ industry has financial effect over
all stakeholders in cyberspace’s industry, as well as
stability of this industry would have positive
financial effect. As for Theoretical frame, some
issues need to be taken into consideration, such as:
The stability of domain names industry will
increase the investment level in digital space.
The domain names have been considered as the
main key in financial digital community.
The legal conflict reflects the financial contested
rights, and ev ery legal conflict can be coded into
financial value and cost.
The value of domain names is connected to its
importance and the trade revenue and vice versa.
Cybersquatting was one of the reasons that raised
the value of domain names exponentially
The financial effects will be determined according
to these main factors: first, stability of domain
names industry according to the level of full given
protection; second, instability of this fi eld bushed
by the result of conflict over contested profits and
interests.
Importance of this paper
More often than not, the domain names’ conflict is
viewed at legal point of view as just legal matter
without adressing the financial effect over the main
stakeholders of this industry. Building on this fact,
this paper will try to find the possible relationship by
coding the legal conflict into financial equivalent
value and analyze the financial cost of it over the
economy of domain names industries.
Abbreviations
WIPO - World Intellectual Property Organization
ICANN - The Internet Corporation for
Assigned Names and Numbers
UDRP - The Uniform Domain -Name Dispute-
Resolution Policy
ACPA - The Anticybersquatting Consumer
Protection Act
DOMAIN NAMES BACKGROUND
Knowing the financial effect of domain’s names
entails understanding the essence of domain names
per se. Some argue that as much as this question is
simple, as much it is difficult to give a v ery clear
answer in shadow of the mystery shrouding the
domain names’ nature. Hence, a n ecessary
background is required to understand financial
values related to domain names’ industry, and to
analyze the legal texts according to financial values,
as the following:
Definition
Normal people can k now spontaneously simple
terms related to domain names, as: internet and web
site. But when it comes to understand domain names
per se, one needs a bit m ore information. In this
context, it was believ ed that such a simple question
is explanatory enough though it was argued that the
nature of domain names is still shrouded in mystery
(Protection of Intellectual Property, 2003).
However, technically there was a broad consensus
on defining domain’s name as the writing equivalent
of raw IP address that can reach the per son to
specific site on spiderweb (Jeftovic, 2018; Lipton,
2005) due to the fact that this simple version can be
used and remembered more than its long mother
version (ip address) (Kruger, 2010; Lachtnain,
2011). But then again, and in more flexible and
simple expression, domain name can be considered
as a key to excess online website (www.com) (Smith
& Salvendy, 2007). In other words, it’s the main unit
that all digital space is run by.
Importance & mission
Beside the raw technical mission, some argue that
domain names have a dual nature as address tools
and brand identifiers (Murray, 20 13). The
importance of domain names among inter alia is to
give unique label to every website or digital
platform on spiderweb. And if it was taken into
consideration that every trade website or digital
platform provides its own goods, products or
services, its importance would increase the
momentum of domain names to be more than just
road map on internet. But more accurately and
rationally, it was believed that domain name
presents the online ver sion of trademark (Catty ,
2010). In other words, domain names could be
considered as a digital trademark due to their ability
to defernite goods and products from each other’s
digital platform (Bouchoux, 2009). As a
consequence, commercial impor tance of this
trademark would likely contribute to the future
development of the Internet as business environment

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