'First Come, Not Served': Domain Name Regulation in Sweden

Internet domain names have great value as trademarks and intellectual property assets. The systems for protection of these assets are still in an early stage of evolution and they have not yet been harmonized. The differences between countries have involved the question of whether to interpret and apply existing legislations or whether to develop new special systems regulating domain names. The problem is whether existing legislation would be sufficient. The new systems then seem unnecessary, providing only unnecessary obstacles. This article will describe the Swedish system regulating the top-level domain name '.se'. The most interesting aspect of the Swedish system is that it regulates the registration of domain names in the Swedish top-level domain. The system has successfully prevented disputes concerning the right to a registered domain name but, on the other hand, it has caused many disputes when companies have been denied the right to register the domain name they desired. The system has been criticized for being bureaucratic and for lacking predictability and legitimacy. This article will present and discuss these problems as well as cases and examples of the consequences of the regulations. The review and discussion of the Swedish system will provide an interesting example of an exceptional attempt to regulate domain names.