Back to the Future with Blockchain Domain Names: Toward a Global Policy to Fight Cybersquatting in Web 3.0

This article that originally appeared in The Trademark Reporter, discusses blockchain domain names and shortcomings of the trademark protection framework in Web 3.0. Blockchain domain names are a new and evolving technology at the heart of Web 3.0. However, blockchain domain names present numerous challenges from a legal perspective, including challenges related to trademark law. The article delves into the promises and challenges of blockchain domain names, with a particular focus on fighting cryptosquatting, (i.e., cybersquatting in Web 3.0 consisting of the bad faith registration and use of blockchain domain names that are identical or confusingly similar to existing trademarks). As discussed in this article, currently, remedies for trademark owners are mostly limited to pre-Internet trademark dilution claims and attempts to file takedown notices and establish secondary liability for blockchain domain name providers. In this regard, the article explores various potential solutions to address these challenges, including reexamining cybersquatting regulations and developing industry-specific measures.