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Abstract:The Internet presents opportunities for corporations to efficiently build their brands online and to enhance their global reach. But there are threats as well as opportunities, since anti-branding and free-riding activities are easier in cyberspace. One such threat is the unauthorized incorporation of a trademark into a domain name. This can lead to trademark dilution and cause consumer confusion. But some users claim a right to use these trademarks for the purpose of parody or criticism. Underlying these trademark conflicts is the familiar tension between property rights and free speech rights. While some trademark scholars are reluctant to consider a trademark as property, we find strong support for the property paradigm in Hegel’s philosophy. Assuming that a trademark is an earned property right, we propose that a trademark owner should be allowed to control the permutations of its trademark incorporated into domain names unless a reasonable person would not confuse that domain name with the company’s mark. But we also conclude that there must be latitude to employ a domain name for negative editorial comment, so long as the source and purpose of that domain name is plainly apparent.

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PurposeThe purpose of this paper is to provide an overview of intellectual property justifications and the basics of intellectual property law.Design/methodology/approachThe paper examines intellectual property rights, discussing such areas as: copyright protection, patents, trademarks, trade secrets and common and current misconceptions.FindingsOverprotection can be as damaging as underprotection because of the harm to the intellectual commons. The ideal property rights regime is one that prudently seeks balance.Originality/valueAdvises that the goal of the legal system should be the provision of just enough protection to reward creative workers for their labor and to spur future innovation. At the same time, it is necessary to avoid overly strong protection that will deplete the intellectual commons or unduly restrict its expansion, and thereby fail to promote social welfare.