The Current State of Domain Name Regulation: Domain Names as Second Class Citizens in a Mark-dominated World

Hardcover (Print)
Buy New
Buy New from
Used and New from Other Sellers
Used and New from Other Sellers
from $145.20
Usually ships in 1-2 business days
(Save 3%)
Other sellers (Hardcover)
  • All (3) from $145.20   
  • New (2) from $145.20   
  • Used (1) from $181.20   


In this book Konstantinos Komaitis identifies a tripartite problem - intellectual, institutional and ethical - inherent in the domain name regulation culture. Using the theory of property, Komaitis discusses domain names as sui generis 'e-property' rights and analyses the experience of the past ten years, through the Uniform Domain Name Dispute Resolution Policy (UDRP) and the Anticybersquatting Consumer Protection Act (ACPA). The institutional deficit he identifies, generates a further discussion on the ethical dimensions in the regulation of domain names and prompts Komaitis to suggest the creation of an environment based on justice.

The relationship between trademarks and domain names has always been contentious and the existing institutions of the UDRP and ACPA have not assisted in alleviating the tension between the two identifiers. Over the past ten years, the trademark community has been systematic in encouraging and promoting a culture that indiscriminately considers domain names as secondclass citizens, suggesting that trademark rights should have priority over the registration in the domain name space.

Komaitis disputes this assertion and brings to light the injustices and the trademark-oriented nature of the UDRP and ACPA. He queries what the appropriate legal source to protect registrants when not seeking to promote trademark interests is. He also delineates a legal hypothesis on their nature as well as the steps of their institutionalisation process that we need to reverse,
seeking to create a just framework for the regulation of domain names. Finally he explores how the current policies contribute to the philosophy of domain names as second-class citizens.

With these questions in mind, Komaitis suggests some recommendations concerning the reconfiguration of the regulation of domain names.

Read More Show Less

Editorial Reviews

From the Publisher
‘This book is a must-read for any legal scholar or policy-maker interested in understanding the international public policy objectives and political negotiations behind Internet domain name policy and trademark law policy. If you want to know how the intersection of trademark law and domain name policy has historically evolved, where it is right now, and where it is going, you have found the right book.'Robin D. Gross, Imagine Law, San Francisco, Executive Director of IP Justice, and Chair of ICANN’s Noncommercial Users Constituency (NCUC)

‘Few academic studies are as timely and compelling as this book. Dr. Komaitis provides the first comprehensive analysis and history of the UDRP. Dr. Komaitis' questions, insights and reformulations stand to alter the way we understand domain names and their meanings. His answers to the key question: "How can we distance the domain names from the catalytic influence of trademark law" stand to pave a path to fairer and more neutral treatment of domain names for people around the world. This is an unprecedented book.'Kathryn A. Kleiman, Esq., Senior Internet Law and Policy Attorney, Internet Matters, USA

‘As ICANN proceeds to expand generic top level domains, this timely and thorough critique of the legal regulation of the domain space provides a necessary analysis of the legal nature of domain names. Arguing that without sound ethical principles of equality, fairness and lawfulness underpinnings any regulation of the domain name space is flawed, Komaitis proffers well considered solutions for a just domain name polis firmly rooted in the experience of the first ten years of domain name dispute resolution.'Catherine Colston, University of Strathclyde, Scotland

'[This book] provides a passionate yet legalistic and well-researched overview of the legal, institutional and ethical problems caused by the clash between domain names and trademarks. This is really the first decent book-length treatment of what is now a decade and a half of legal and political conflict between domain name registrants and trademark holders. But this is more than a static compilation and description of the subject: Komaitis has an original and fundamentally important argument to make.'Milton Mueller, Internet Governance Project, 2010

Read More Show Less

Product Details

Meet the Author

Konstantinos Komaitis (Ph.D, LLM (Strathclyde University) and LLM (University of Sheffield)) is a lecturer at the University of Strathclyde, UK. He was also a member of ICANN's Special Trademark Issues (STI) team and a drafter of the Uniform Rapid Suspension (URS) system.

Read More Show Less

Table of Contents

1. Introduction: Taking on the Sins of ICANN and the UDRP Part 1: Intellectual Problem 2. Contextualising Property 3. Introducing Trademarks 4. Domain Names: Their Technological, Socio-Economic and Legal Status Part 2: Institutional Problem 5. History of Domain Name Institutionalization 6. "Lex Domainia" – The New Lex Mercatoria? 7. The UDRP and Arbitration 8. Issues of Procedural Unfairness 9. Free Speech in the Context of the UDRP 10. Regulating Domain Names Nationally: The Case of the Anticybersquatting Consumer Protection Act (ACPA) 11. Applying the UDRP and ACPA in the Right Context Part 3: Ethical Problem 12. ‘Haves’ and ‘Have-Nots’ Part 4: Themes and Issues 13. Forwards and Backwards 14. Repeating the Same Mistakes: New GTLDs and the IRT Recommendation Report

Read More Show Less

Customer Reviews

Be the first to write a review
( 0 )
Rating Distribution

5 Star


4 Star


3 Star


2 Star


1 Star


Your Rating:

Your Name: Create a Pen Name or

Barnes & Review Rules

Our reader reviews allow you to share your comments on titles you liked, or didn't, with others. By submitting an online review, you are representing to Barnes & that all information contained in your review is original and accurate in all respects, and that the submission of such content by you and the posting of such content by Barnes & does not and will not violate the rights of any third party. Please follow the rules below to help ensure that your review can be posted.

Reviews by Our Customers Under the Age of 13

We highly value and respect everyone's opinion concerning the titles we offer. However, we cannot allow persons under the age of 13 to have accounts at or to post customer reviews. Please see our Terms of Use for more details.

What to exclude from your review:

Please do not write about reviews, commentary, or information posted on the product page. If you see any errors in the information on the product page, please send us an email.

Reviews should not contain any of the following:

  • - HTML tags, profanity, obscenities, vulgarities, or comments that defame anyone
  • - Time-sensitive information such as tour dates, signings, lectures, etc.
  • - Single-word reviews. Other people will read your review to discover why you liked or didn't like the title. Be descriptive.
  • - Comments focusing on the author or that may ruin the ending for others
  • - Phone numbers, addresses, URLs
  • - Pricing and availability information or alternative ordering information
  • - Advertisements or commercial solicitation


  • - By submitting a review, you grant to Barnes & and its sublicensees the royalty-free, perpetual, irrevocable right and license to use the review in accordance with the Barnes & Terms of Use.
  • - Barnes & reserves the right not to post any review -- particularly those that do not follow the terms and conditions of these Rules. Barnes & also reserves the right to remove any review at any time without notice.
  • - See Terms of Use for other conditions and disclaimers.
Search for Products You'd Like to Recommend

Recommend other products that relate to your review. Just search for them below and share!

Create a Pen Name

Your Pen Name is your unique identity on It will appear on the reviews you write and other website activities. Your Pen Name cannot be edited, changed or deleted once submitted.

Your Pen Name can be any combination of alphanumeric characters (plus - and _), and must be at least two characters long.

Continue Anonymously

    If you find inappropriate content, please report it to Barnes & Noble
    Why is this product inappropriate?
    Comments (optional)