인터넷에서의 유명인 성명의 보호에 관한 연구 -UDRP를 통해 해결된 분쟁사례를 중심으로-

This article explores the problems the Internet has created for celebrities and, specifically, the challenges celebrities face when they try to claim Internet domain names through the UDRP. Despite its weaknesses, The UDRP is the preferential tool in the battle against celebrity cybersquatting. Although the drafters of the UDRP may not have intended the UDRP to protect celebrities per se, it has served this purpose. The UDRP has proved the most widely utilized method to solve domain name conflicts, and the resulting case precedent overwhelmingly favors celebrities. As Internet law becomes increasingly complex, the more difficult problems in the personal-name context lie not with abusive registration of personal names but with disputes between parties with legitimate competing interests. Given the preference afforded trademarks in domain-name disputes, the trend toward trademark-like protection for personal names threatens the rights of legitimate registrants. Panels of the UDRP should resist the inclination to expand protection of personal names and, instead, they should afford increased protection to legitimate registrants. More specific criteria of uniform standards specified by the UDRP, the screening system of「name. gTDL」, creation of the new .fan, critic TLD, special protection for variations on celebrity's name such as juliarobertsfan.com, hillaryclintoncritic.com will not only protect celebrities from cybersquatters, but it will also protect good faith registrants by preventing such registrants from being stripped of their domain names simply because they happen to have the same name as a celebrity or a celebrity property.