성명을 사용한 도메인이름의 분쟁양상과 분쟁해결방안

A domain name is an identification label that expresses an Internet protocol address with a word that is easy to remember. A domain name is registered on “first come, first served” principle and the number of domain names connected to the real world is limited. Therefore a dispute arises between a trademark holder and a registrant who registers domain names using famous trademarks, company names or personal names without authority. There are a variety of kinds of domain name disputes such as commercial and non-commercial cybersquatting, typosquatting, reverse domain name hijackings, conflicts between multiple authorities or legitimate interests and personal domain name disputes. Most of the domain name disputes are settled based on the Trademarks Law or trademark rights on common law as if UDRP(Uniform Domain Name Dispute Resolution Policy)rules, because, in general, domain names are from brand names or trademarks. However, domain name disputes on personal names need to be resolved differently from other kinds of disputes in that it involves personal, social and public values of a name owner as well as a role of a domain name as an Internet protocol address. Thus, it is inappropriate to apply only trademark related laws in order to resolve disputes on personal names, which have increasing importance in the era of globalization, and a new solution is urgently called for. An optimal solution for disputes on personal names is to apply the right of publicity, personal rights and the right of names(moral right related to names) besides the Trademarks Law and Unfair competition law, considering both personality and property characteristics of a name.