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When it comes to domain name disputes, no domain name has captured more media attention than sex.com. Of course, disputes about sex often obtain a great deal of attention, and the sex.com domain name dispute can grab its share of headlines because the case involves sex, theft, declared bankruptcy, a once-thriving Internet porn business, and fraud, instead of the typical cybersquatting allegations. Indeed, this case is remarkable for its potential impact on the development of caselaw concerning whether there is a valid basis to assume that trademark interests should overwhelm all non-commercial interests in the use of domain names. The answer is no, but the caselaw to support that answer is in tension with cases that strongly imply a contrary conclusion.
The National Academy of Science (NAS) has been brought into the controversy over the future development of the Internet and its domain name system, a controversy recently fueled by the creation of ICANN. The US Congress under Public Law 105-305 mandated that the NAS undertake a study of the domain name system, which is to include options for its development, and the potential impact of the various alternatives. The $800,000 expenses for the study are to be funded by the National Science Foundation and the US Department of Commerce.
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