Professor Danny Friedmann co-authored the article "Law of The Digital Domain: Trademarks, Domain Names, And The AI Frontier" with Professor Chaisse (City University of Hong Kong) was published in IDEA®: The Law Review of the Franklin Pierce Center for Intellectual Property. Professors Friedmann and Chaisse combined their respective expertise and wrote the article on this highly relevant intersection of trademarks and domain names.
Domain names remain a critical component of the internet landscape despite the advent of new technologies and search engines. This alphanumeric sequence plays a crucial role in online branding, identity, and search engine optimization, serving as the real estate of the 21st century. The convergence of legal principles governing trademarks and domain names highlights the importance of establishing clear identities and avoiding confusion between the two. The Uniform Domain Name Dispute Resolution Policy (UDRP) provides a reasonable resolution to conflicts between domain names and trademarks while inspiring legislators to refine the trademark system.
This paper explores the interplay between trademark and domain name systems and highlights the lessons that each system can learn from the other. One of the significant lessons is the need for a cohesive and efficient intellectual property rights (IPR) system that generates synergistic benefits. Artificial Intelligence (AI) has the potential to transform the interplay between trademarks and domain name systems by automating domain name availability checks and improving dispute resolution processes. However, stakeholders must carefully consider the implications and benefits of incorporating AI language models into the legal landscape.
This paper highlights the need for vigilance and adaptability in managing intellectual property rights in the digital era. As emerging technologies, such as blockchain and AI, continue to shape the domain name landscape, policymakers, regulators, and stakeholders must explore how domain name systems can adapt to these technologies to ensure their continued relevance and effectiveness in safeguarding intellectual property rights. The interplay between trademarks and domain names has the potential to foster significant growth and improvement for both systems.
Read the complete article: Danny Friedmann and Julien Chaisse, Law of The Digital Domain:Trademarks, Domain Names, And The AI Frontier, 64(2) IDEA 399 - 455
Professor Friedmann (PKU STL Room 513, see profile) is an expert in international and domestic intellectual property law, patent law, AI and copyright law, trademark law and geographical indications.
Professor Chaisse (City University of Hong Kong) is an expert in international law, with a particular focus on globalization, foreign investment and on digital asset.
