A trademark owner may post its logo on a website where goods are offered for sale so Internet consumers have some assurance that the goods being sold are actually associated with the recognized trademark logo. At the same time, the trademark may be used in real-space as a logo on storefronts or on merchandise in stores. Not so, it seems, with domain names. If I permit someone else to use my domain name as a website address, then, like my car, I cannot use it myself for the same purpose. But, a domain name is not a car.
Domain names seem to have features of both tangible and intangible property.
First principles are useful because they form the basis for how we evaluate and deduce answers to problems. In this respect, when addressing domain name disputes, there is no reason that we should not take as our starting point, the position that domain names are unique identifiers that are not conclusively established forms of intellectual property anchored to rights in real-space. In other words, in the domain name space, there is no valid basis to assume that trademark interests should overwhelm all non-commercial interests in the use of domain names. Of course, no one can plausibly contend that there is no association of domain names with commerce. Search to find the availability of a domain name.