A point has been reached with registered domain names that all dictionary words, alone or with other parts of speech are no longer available for registration as trademarks or service marks. They are held (and effectively owned) by domain investors. In effect, there has been a closing of the public domain of words with the result that domain names corresponding to marks may not be available except at a price dictated by the investor registrant.. What remedies (if any) mark owners have under the Uniform Domain Name Dispute Resolution Policy is determined by a number of factors but principally the timing of domain name registration and first use of mark in commerce.
Daan G. Erikson
Husch Blackwell LLP, Omaha
Senior Policy Director & Special Adviser for Strategic Policy Planning, Internet Coporation for for Assigned Names and Numbers (ICANN), Los Angeles