Minding the Marketplace: Protection and Enforcement of the Marks that Matter through Alternative Dispute Resolution

Abstract

The Internet has come to represent an enormous marketplace and alternative to traditional bricks and mortar establishments as well as virtual-only vendors. Though such a marketplace presents marketers with virtually unlimited access to millions of potential customers, it is nevertheless on a daily basis, the venue of choice for the unmitigated theft of highly prized, multi-billion dollar intellectual property. This theft is evidenced by the hijacking of corporate/trademark owner’s Internet domain names, (DN) by those who seek to profit from the misappropriation and re-selling of such names. For owners of corporate/trademark brands, the theft is untenable because consumers become confused, the property’s secondary meanings are lost and revenues can be compromised. It is important that students of marketing become familiar with domain name hijacking and the various means used by organizations today to combat this growing problem. Because litigation is time-consuming and costly it is also vital that marketing students become familiar with the increasing use non-judicial options, commonly referred to as alternative-dispute resolution, (ADR). ADR can be an important tool for both organizations and celebrities interested in protecting their brands without the cost, complexity and notoriety that can accompany public trials.