Adventures In Cyberspace: The Status Of Cybersquatting And ADR

Abstract

The University of Nowhere owns a trademark for the “University of Nowhere” and for the University of Nowhere “Winners,” the university’s sports teams.  It also owns the domain name “www.un.edu.”  The University uses its Internet site to inform the public about its academic programs as well as its accomplishments on the sports fields.  The University has been recognized as one of the top universities in the United States for many years.  The University has also competed successfully for numerous NCAA titles over the years.  The University discovers that Mr. First, owner of Fast Services of America, Inc., registered and is using the Internet domain name “university of nowhere.com” and “universityofnowherewinners.com” on a continuing basis.  The University contacts Mr. First, who informs the University that he has no intention of relinquishing the domain names unless the University pays him $10,000 and gives him two lifetime passes to all “Winner” games.  The University declines the offer and writes a letter to Mr. First informing him that he must stop using the University domain names immediately.  Mr. First responds by sending the University an invoice for $10,000 and two lifetime tickets to “Winner” events.  The cover letter to the invoice states that he will not stop using the domain names until the invoice is paid.  This is now a dispute.  It is going to cost money for both parties, regardless of the outcome.  Additionally, there is the new area of law to contend with that relates to alleged cybersquatting and the improper use of domain names.  This paper will explore and review approaches for resolving this dispute through negotiation, mediation, and arbitration.