| Although trademarks and domain name, each, represent different functions and basically subject to different legal rules, in fact there are obvious abuses of trademarks by its use as domain name. As long as domain name are publicly perceptible and lend lexical meaning to the words being used as the function given by trademarks, dispute will be occurred, and resolution will be inevitably needed. Inspite of the false impression on domain name being perceived as a mark, name of a company, or whatsoever outfit of a product; the danger resulted from confusion will be likely to come about, e.g. likelihood of confusion and dilution, as much as taking advantage from speculating the use of others marks, as reflected in cybersquatting. Although The Law Number 25 of 2001 of Trademarks has put regulation on trademarks use, the need of specific legal norms has been critically needed for the sake of fairness and also the freedom of expression in commercial and incommercial activities via the internet. In this encounter of trademarks and domain name, cases shall be collected; considerations and examinatios have to be carefully carried out to bring fair decisions on what to be put on the regulation. First come first served, as the main principle for domain name registration and use has to be tested in the spectacles of trademarks use. |