Abstract
Since the inception of the domain name system, battles have been fought between trademark holders seeking to protect their valuable commercial property in the domain space and those who assert competing interests in a given domain name. While some of these battles have been appropriately resolved in favour of trademark holders, others have been more fraught. Competing interests may include free speech, the protection of cultural and geographical symbols, and the protection of personal names and identities. Additionally, little has been done within the trademark arena to ensure the efficient allocation of domain names between multiple trademark holders with legitimate competing claims in a given domain name or set of domain names. Because trademark law is territorially limited and trademark rights are granted for specific product and service markets, it is not unusual for multiple trademark holders to assert rights in the same domain name.
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