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In the Wild West, a wildcatter was a person who drilled for oil
in places where nobody expected it. Many times, the wildcatter
would hit a dry hole, but once in a while . . . PAYDIRT !!
Now, we're in the world of information technology and the
Internet. Anyone who has watched television, picked up a
newspaper, or even walked down the street recently is familiar
with of the ever-expanding reach of the Internet. "Internet
start- ups," "dot-coms," and
"e-commerce," are words on the lips of every business
person and even most ordinary consumers these days. Online
business is definitely the wave of the future. That is why many
"real-world" businesses are scrambling to establish an
Internet presence. This desperation has left these businesses
vulnerable to what is now commonly referred to as "cybersquatting"
or "cyberpiracy."
A presence on the Internet must start with a "domain
name" as a unique identifier. Most businesses obviously
choose to use their trademarks as domain names because consumers
are already familiar with those marks. A trademark is any word,
symbol, device,
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or combination of these to identify and
distinguish the source of one's goods or services, rather than
merely the goods or services themselves. Because most Internet
users know that companies use their trademarks as domain names,
people will often type in a company's trademark into their Web
Browsers in the hope of finding the company's website. Thus, using
a product or company's trademark as a domain name makes access to
a website more convenient for consumers and boosts online
commercial success. Without the use of an easily identifiable
trademark as a domain name, the consumer must USUALLY utilize an
online search engine, or the company must promote a less
recognizable domain name. We say "usually," because
there is an important exception. More and more, people are
starting to type in generic domain names directly into a web
browser. When users are looking for used cars, they will type in
"usedcars.com," and when they are looking for wine, they
will type in "wine.com." It's no surprise or coincidence
that the highest-priced domain names on the Internet are precisely
those which are most likely to be typed in directly into a
customer's Web browser when he or she is looking for a particular
product or service.
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