Keywords
domain names, DNS, property
Abstract
Domain names have become increasingly valuable assets; in some respects, more valuable than trademarks. A domain name may identify not only the source of the goods, services, business, or information, but also the virtual location of the source, much as an address or telephone number does. However, there is still a significant unresolved issue as to whether a domain name is a form of intangible property or merely a contractual right. Resolution of this issue is important for commercial transactions affecting domain names and for legal proceedings and remedies relating to them. Although there is United States appellate authority to the effect that a domain name is a form of intangible intellectual property, it is submitted that the better — but not judicially clear or consistent — view is that a domain name is not property. When registering a .ca domain name in Canada, the registrant contractually agrees, as a condition of the registration, that it acquires no property right in the domain name.
Recommended Citation
Sheldon Burshtein, "Is a Domain Name Property?" (2005) 4:3 CJLT 195.
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