In a recent decision handed down by the Ontario Court of Appeal, the issue centered on whether domain names could be considered “personal property.” The view from most international jurisprudence and academic commentary, including the United States, appears to be that domain names are a new type of intangible property. In Kremen v. Cohen, the United States Court of Appeals, Ninth Circuit, held that a domain name is intangible property because it satisfies the three-part test for the existence of a property right.
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Are Domain Names 'Personal Property'?
Posted by: Rosario Cartagena October 7, 2011 05:00 AMIn a recent decision handed down by the Ontario Court of Appeal, the issue centered on whether domain names could be considered “personal property.” The view from most international jurisprudence and academic commentary, including the United States, appears to be that domain names are a new type of intangible property. In Kremen v. Cohen, the United States Court of Appeals, Ninth Circuit, held that a domain name is intangible property because it satisfies the three-part test for the existence of a property right.