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| Author | : Andrew Clemson |
| Publisher | : |
| Total Pages | : 182 |
| Release | : 2019-05-16 |
| Genre | : |
| ISBN | : 9781912687121 |
This book provides trade mark attorneys, in-house lawyers and private practice solicitors with practical advice on how to avoid domain name disputes in the first place and best practice in taking action when disputes do arise.
| Author | : Gerald M. Levine |
| Publisher | : |
| Total Pages | : |
| Release | : 2015-06-01 |
| Genre | : |
| ISBN | : 9780991582907 |
Domain Name Arbitration: A Practical Guide to Asserting and Defending Claims ofCybersquatting Under the Uniform Domain Name Dispute Resolution Policy by Gerald M. Levine, Esq. with a Foreword by Hon. Neil A. Brown QC is an invaluable for attorneys and others in the domain name ownership and investing fields.The Uniform Domain Name Dispute Resolution Policy (UDRP) was implemented by the Internet Corporation for Assigned Names and Numbers (ICANN) in 1999. Between 2000 when the first domain name case was decided and 2015 there have been over 45,000 decided cases. That's approximately 3,500 to 4,000 decisions annually. Parties never confront each other in person as they do in a court of law. The entire procedure takes place online. The UDRP is a quick, efficient and relatively inexpensive regime for determining rights to domain names. Trademark owners can challenge domain name registrants for infringement of their rights to the exclusive use of their marks on the Internet. Decisions are then posted online within 45 days of the submission of the complaint.From these decisions has emerged a unique body of domain name law. One of the several truths gained from the collective wisdom of panelists who decide UDRP cases isthat parties often fail to understand the evidentiary demands they must satisfy to succeed. Domain Name Arbitration is the most comprehensive and in-depth work on the jurisprudence of domain names. It fully describes and illustrates, with case law, the procedural process and proof elements required of the parties. In addition, it thoroughly explores the law governing registration and use of domain names that are identical or confusingly similar to trademarks. The book provides an analytical description of the process and a step-by-step examination of the evidentiary elements thatparties must satisfy to establish the merits of a claim or defense of infringement.As the Honorable Neil A. Brown, Queens Counsel in Melbourne, Australia writes in the book's Foreword, "Domain Name Arbitration puts flesh on the bones by illustrating how jurisprudence crafted by panelists makes UDRP a living and working dispute resolution regime.
| Author | : Halberstam |
| Publisher | : Bloomsbury Professional |
| Total Pages | : |
| Release | : 2002-12-01 |
| Genre | : |
| ISBN | : 9781845926564 |
Domain names are significant corporate assets and with over 36 million domain names registered worldwide businesses need to protect these assets accordingly. This title provides a practical and user-friendly guide to the legal, best practice and procedural issues relating to domain names. It is clearly written, succinct and avoids using complicated legal jargon. Containing user-friendly sample documents, checklists and FAQs to ensure best practice, and guidance through ICANN and Nominet's dispute resolution procedures, this title brings together difficult to source information on an increasingly complex area.
| Author | : Gerald M Levine |
| Publisher | : |
| Total Pages | : 0 |
| Release | : 2024-03-07 |
| Genre | : Law |
| ISBN | : 9780991582952 |
| Author | : Simon Halberstam |
| Publisher | : Tolley Publishing Company, Limited |
| Total Pages | : 287 |
| Release | : 2002 |
| Genre | : Internet domain names |
| ISBN | : 9780754514916 |
Domain names are significant corporate assets and with over 36 million domain names registered worldwide businesses need to protect these assets accordingly. This title provides a practical and user-friendly guide to the legal, best practice and procedural issues relating to domain names. It contains flow diagrams, case scenarios and checklists to ensure best practice.
| Author | : Robert A. Badgley |
| Publisher | : Wolters Kluwer |
| Total Pages | : 580 |
| Release | : 2002-01-01 |
| Genre | : Law |
| ISBN | : 0735532931 |
Domain Name Disputes provides practical and comprehensive analysis of domain name disputes resolved by U.S. courts or by the ICANN cyber-arbitration system, With this handy reference, you'll find detailed discussions relating to cybersquatting claims, trademark infringement and dilution claims, property disputes and more. Domain Name Disputes also addresses numerous topics relevant to the ownership and use of domain names, such as: the legal status of domain names as "property" - the clash between trademark rights and free-speech rights - the ways a domain name owner may resist a cybersquatting claim - the ways a trademark owner may succeed against a "passive" cybersquatter - the consequences of having a strong trademark as opposed to a weak one - the circumstances under which one's use of a domain name may subject its owner to the jurisdiction of a court in another state - the deference a U.S. court gives to an ICANN arbitration decision - the differences between a trademark infringement claim and a cybersquatting claim - and much more.
| Author | : Gerald M. Levine |
| Publisher | : Legal Corner Press |
| Total Pages | : 94 |
| Release | : 2016-12-01 |
| Genre | : |
| ISBN | : 9780991582938 |
UDRP Case Updates (August 2015 to July 2016) is a supplement to DOMAIN NAME ARBITRATION: A PRACTICAL GUIDE TO ASSERTING AND DEFENDING CLAIMS OF CYBERSQUATTING UNDER THE UNIFORM DOMAIN NAME DISPUTE RESOLUTION POLICY by Gerald M. Levine.
| Author | : Terrence Fernbach |
| Publisher | : |
| Total Pages | : 54 |
| Release | : 2013 |
| Genre | : |
| ISBN | : |
Since the establishment and rise of the Internet, there have been situations where others have tried to capitalize on the unique nature of domain names by registering domain names of popular trademarks and/or individuals' names, and then turning around and selling these domain names to the owners of the trademark or to the individual. This action, known as “cybersquatting”, has been the reason for the enactment of multiple dispute resolution systems by both governments and private institutions. Further, the amount of cybersquatting cases has increased over the years, with the World Intellectual Property Organization reporting increases in cybersquatting cases over the past few years.This thesis is designed to be more of a practical guide for an American attorney who is faced with domain name dispute case. As a result, this thesis will focus on the International Corporation for Assigned Names and Numbers' (ICANN) Dispute Resolution Policy, and the Anti-Cybersquatting Consumer Protection Act (ACPA). This thesis will provide three different hypothetical scenarios that may arise in domain name disputes: where two parties have the same name, or where an individual in engaging in a form of cybersquatting, or where a group has created a website for the purposes of criticizing a corporation. This thesis will also highlight the advantages and disadvantages of the ICANN procedures as laid out in the Uniform Domain Name Dispute Resolution Policy (UDRP) and the procedures available under United States federal law as laid out in the ACPA, and discuss legal strategies and probable outcomes for the three different hypothetical scenarios. Finally, this thesis will conclude that while ICANN's Dispute Resolution Policy has some disadvantages when compared to the ACPA, it is the better dispute resolution option to use for most cybersquatting activities due to its relative speed, efficiency and lower cost, but the Lanham Act provisions as outlined by the ACPA are better suited for those cases where the client wishes for more remedies than just the transfer or the cancellation of the disputed domain name.
| Author | : Daniel R. Bereskin |
| Publisher | : Edward Elgar Publishing |
| Total Pages | : 307 |
| Release | : 2023-11-03 |
| Genre | : Law |
| ISBN | : 1035315033 |
Dealing extensively with domain name dispute case law, rules and procedures, this book provides practical information for protecting trademarks against registration and use of abusive third-party domain names as well as defending UDRP complaints. Leading intellectual property lawyer Dan Bereskin presents an invaluable how-to guide for the effective execution of complaints concerning uniform domain names while considering responses to such complaints. The book also offers detailed advice on the evidence needed to support complaints and responses.
| Author | : Doug Isenberg |
| Publisher | : Random House |
| Total Pages | : 434 |
| Release | : 2002-10-22 |
| Genre | : Law |
| ISBN | : 0679642471 |
Advance praise for The GigaLaw Guide to Internet Law “I read this book from cover to cover. The examples of case law are of enormous illustrative value. Some of them will raise your blood pressure (well, mine went up several notches, anyway). Well worth the time to read!” —Vint Cerf, chairman, Internet Corporation for Assigned Names and Numbers (ICANN) “Doug Isenberg pulls off the toughest hat trick in legal writing—he and his contributing authors map out the legal landscape of cyberspace in language accessible and friendly to lay readers, providing a comprehensive guide for lawyers who want to gain a quick grasp of cyberlaw, and they do all this with scholarly care for accuracy and precision.” —Mike Godwin, author of Cyber Rights: Defending Free Speech in the Digital Age “A treasure trove of information that is a relief to find, a pleasure to read, and a snap to apply to dozens of your most pressing Internet legal questions.” —Carol Darr, director of the Institute for Politics, Democracy and the Internet “Doug Isenberg is the authority on all issues regarding Internet law. His insight is exceptional, his experience unsurpassed. This book is both a reference work and a bible, enlightening and showing the way—a quintessential, all-encompassing work for both the novice and the veteran.” —Marc Adler, chairman and CEO, Macquarium Intelligent Communications Doug Isenberg is an attorney and the founder of GigaLaw.com, an award-winning website about Internet law. He writes regularly as a columnist for The Wall Street Journal Online and CNET News.com and has represented numerous high-tech and Internet clients. For more information about The GigaLaw Guide to Internet Law, visit: http://GigaLaw.com/guide
