bsite a numeric Internet Protocol (IP) address. These numbers however are converted into plain English when viewed through a search engine such as excite or yahoo. For most companies their domain name is their company name such as www.mcdonalds.com or www.eddiebauer.com. For the company to be the most success it is important for the domain name to be as similar to the trade name as possible (University of NSW, Law Journal). When marketing a company online there is a similarity between a trademark and a domain name. A trademark is known as “a word, name, or symbol used in commerce to distinguish one’s product and it’s source from other businesses and their products” (Alschuler, Grossman, Stein, and Kahan). A domain name acts as a company’s trademark on-line. The problem with domain names is that domain names are allocated on a first come-first served basis, and not according to whom holds the trademark. Therefore any individual could register the name www.mcdonalds.com before McDonald’s. In this case McDonald’s would have to purchase the domain name from the individual, usually for a hefty price if the individual is willing to sell it all. Competition between businesses has led to many marketers infringing on others trademarks and registered domain names. Domain name laws very slightly on the Internet. For example, two companies that provide different services can use the same trademark in the regular business world, but could not use the same domain name on the Internet. The Federal Trademark Dilution Act of 1996 helped to clarify the line between trademarks and domain names (Alschuler, Grossman, Stein, and Kahan). The act states that it: “protects ‘famous’ trademarks from uses by others that ‘cause dilution of the distinctive quality of the mark’ even when no consumer ‘confusion’—the touchstone of traditional trademark law—is likely because ...
