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Though the trademark holder registered his trademark as a domain name, legal scholars and courts did not clarify the legal character of the domain name. To this point, the debate about the nature of domain names was limited to whether the domain name is nonintellectual property or a kind of intellectual property. Even for those who believe that domain names would have intellectual property rights, the essence of this right is still wrapped up in mysteries. More often than not, the court's decisions were limited to considering the domain name as intellectual property or not until the supreme high court in America decided to register the domain name booking.com as a trademark. This revolutionary decision would change the previous conceptions about the nature of domain names. This paper sheds light on how the supreme court decision would give the momentum to consider a domain name as a trademark, which paves the way as the author believes a domain name can be considered a digital trademark, bearing in mind that the medium, in which the domain names can be active, is the digital space.

At incorporation with World intellectual property organization, ICANN has created administrative mechanisms to solve contested domain names and other rights related to the use of trademarks in Cyberspace. In this context, this mechanism called UDRP was limited to general top-level domain names because at the early beginning of the world wide web, the conflicts were basically surrounded by domain names chains such as .com, .org.net with high trade value. On top of that, and because the increasing demand in the domain names industry was huge, ICANN seeks to pump new domain names chains into the market to encounter such an increasing demand for domain names. Accordingly, this step has increased the conflict while the UDRP mechanism was limited to solving the conflicts over top-level domain names. In this connection, ACANN had to find another mechanism to solve other conflict-related with the new gTLD. This article tries to shed light on these remedies and their effectiveness in solving such conflicts.