The Intersection of Cyber squatting and Traditional Property Law: A Deeper Look at Pierson v. Post
Year: 2025
Type: article
Abstract: This study looks at the legal and ethical aspects of cybersquatting through the prism of traditional property law, including the landmark 1805 decision of Pierson v. Post. It investigates how this historical precedent, which established fundamental rules of property ownership, can enhance our understanding of contemporary domain name disputes. The analysis draws parallels between Post's pursuit of a fox and company expenditures in brand identification, raising questions about when and how digital property rights should be formed and preserved. The study contrasts the majority conclusion in Pierson v. Post—that mere pursuit does not establish possession—with Judge Livingston's dissenting perspective, which emphasizes the importance of effort and investment. This tension reflects current arguments about cyber-squatting, in which registrants can claim domains linked with recognized brands simply by being the first to register them. The paper recommends applying the Equitable Distribution principle to domain conflicts, arguing for a more nuanced approach than traditional property law's binary
Author: Mrudubhashini Uma Sriram
Institution: SASTRA University
Language: English
Topic: Intellectual Property Law
Subfield: Law
Field: Social Sciences
Domain: Social Sciences
Open Access status: hybrid
OpenAlex ID: W4412915089