Trademarks have ancient origins, and a long developmental history that has informed and shaped modern approaches to trademark disputes. Many of these disputes are familiar. Yet others are a product of technological developments, such as the threats modern trademark owners face as a result of young and vibrant domain names. The United States Congress and the Internet Corporation for Assigned Names and Numbers (ICANN) have each attempted to address conflicts between trademarks and domain names, while Taiwan has not. After surveying the U.S. and ICANN attempts, and comparing each to existing Taiwanese law, this Article provides a set of recommendations for the government of Taiwan to adopt similar approaches to address domain name disputes and cybersquatting.
Chih-Hong (Henry) Tsai, The Trademark/Domain Name Protection War: A Comparative Study of the U.S., UDRP and Taiwanese Law, 12 J. Marshall Rev. Intell. Prop. L. 350 (2013)