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Adults only -- Is a domain name intellectual property under State and/or Federal law in the U.S.?


Please give applicable citations. Thank you.

The STOP sets forth the terms and conditions in connection with a dispute between a registrant of a .BIZ domain name ("Registrant") with any third party (other than Registry Operator or Registrar) over the registration or use of a .BIZ domain name registered by Registrant that is subject to the Intellectual Property Claim Service. The Intellectual Property Claim Service a service introduced by Registry Operator to notify a trademark or service mark holder ("Claimant") that a second-level domain name has been registered in which that Claimant claims intellectual property rights. In accordance with the STOP and its associated Rules, those Claimants will have the right to challenge registrations through independent ICANN-accredited dispute resolution providers.

Try the site below for research on this topic. Make sure to change the location. Hope this helps.

A domain name is like an address in a city. There can only be one, and it must be unique. Once a domain name is in use, another cannot use it. In a sense, it is like intellectual property, but technically it is not.

The intellectual property question comes into play when an entity wishes to use a trademark or service mark in a domain name.

For example, it would be an infringement if a private individual wanted to use nikeshoes or mickeymouse in his or her domain name.

Jack C gave the right answer here. But if you insist on citations, then here you go:

http://www.uspto.gov/web/offices/tac/not...

And if you're up to it, read your friendly neighborhood domain registrar's legal fine print. You won't find anything there saying domain names are intellectual property the moment they're registered.

(Hides in fear of the sex.com property argument being brought up again...)

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