Balancing GDPR Rights And TM Owner Need For Domain Data

Trademark law serves two purposes. It protects the consuming public from confusion and counterfeits, as well as a brand owner's investment in valuable brand names. Brand owners must police their brands against likely confusion or risk losing them. Given the volume of trademark infringement that the internet enables, brand owners require options other than expensive litigation to protect their brands and the public from online confusion.

The Uniform Domain Name Dispute Resolution Policy is an effective and low-cost alternative in cases in which a domain name itself infringes a trademark. But where the UDRP is not available, online brand enforcement presents significant challenges.