도메인이름의 식별표지로서의 법적 성격

Legal Nature of Domain names as a Mark of Identification

Domain names have become an identifier of cyber space beyond just internet address. The function of a domain names as a mark suggests that it would be proper to classify domain names as a new business mark or a trademark or a trade name. Yet both courts and legislatures are uncertain in their legal treatment of domain names. The inquiry into what kinds of mark domain names are brings an important standard determining trademark infringement and finding legal position in trademark law or other related laws and regulations. This paper examines the legal nature of domain names as a mark by analyzing recent judicial decisions, in particular, focuses on the two cases rendered by Supreme Court in this year('www.rolls-royce.co.kr'; www.viagra.co.kr). Further discusses the implications of proper entitlement of domain names in trademark law and other related laws and regulations in order to give appropriate legal protection for the domain name itself.