Domain Name Disputes

Domain Name Disputes
Author: Robert A. Badgley
Publisher: Wolters Kluwer
Total Pages: 580
Release: 2002-01-01
Genre: Law
ISBN: 0735532931

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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.

Internet Domain Names, Trademarks and Free Speech

Internet Domain Names, Trademarks and Free Speech
Author: Jacqueline D. Lipton
Publisher: Edward Elgar Publishing
Total Pages: 337
Release: 2010-01-01
Genre: Law
ISBN: 1849806985

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As the first form of truly rivalrous digital property, Internet domain names raise many challenges for law and policy makers. Analyzing the ways in which past disputes have been decided by courts and arbitrators, Jacqueline Lipton offers a comprehensive, global examination of the legal, regulatory and policy issues that will shape the future of Internet domain name governance. This comprehensive examination of domain name disputes involving personal names and political and cultural issues sheds light on the need to balance trademark policy, free speech and other pressing interests such as privacy and personality rights. The author stresses that because domain names can only be registered to one person at a time, they create problems of scarcity not raised by other forms of digital assets. Also discussed are the kinds of conflicts over domain names that are not effectively addressed by existing regulations, as well as possible regulatory reforms. Internet Domain Names, Trademarks and Free Speech brings pivotal new insights to bear in intellectual property and free speech discourse. As such, policymakers, scholars and students of intellectual property, cyber law, computer law, constitutional law, and e-commerce law will find it a valuable resource.

Prosecuting and Defending Domain Name Disputes

Prosecuting and Defending Domain Name Disputes
Author: Daniel R. Bereskin
Publisher: Edward Elgar Publishing
Total Pages: 307
Release: 2023-11-03
Genre: Law
ISBN: 1035315033

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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.

A Practical Guide to the Law of Domain Names and Cybersquatting

A Practical Guide to the Law of Domain Names and Cybersquatting
Author: Andrew Clemson
Publisher:
Total Pages: 182
Release: 2019-05-16
Genre:
ISBN: 9781912687121

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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.

International Domain Name Law

International Domain Name Law
Author: David Lindsay
Publisher: Bloomsbury Publishing
Total Pages: 556
Release: 2007-12-14
Genre: Law
ISBN: 1847313965

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The Domain Name System (DNS), which matches computer addresses to human-friendly domain names, has given rise to many legal issues. Two important issues are the institutional arrangements for governing the DNS and the use of trade marks as domain names. This book is the first complete statement of this rapidly-evolving area of the law. In particular, the book includes a comprehensive statement of decisions under the Uniform Domain Name Dispute Resolution Policy (UDRP), the international system for resolving disputes between trade mark owners and domain name registrants. In this path-breaking work the author examines the extent to which principles of national trade mark law have been used in UDRP decisions. It will be essential reading for anyone, whether academic or practitioner, interested in internet law, intellectual property, and e-commerce law.

Choosing the Right Domain Name

Choosing the Right Domain Name
Author: Alan Charlesworth
Publisher: Lulu.com
Total Pages: 176
Release: 2009-10-02
Genre: Business & Economics
ISBN: 1445205386

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A guide to choosing the right domain name for your organization, business, product or brand

Domain Name Arbitration

Domain Name Arbitration
Author: Gerald M. Levine
Publisher: Legal Corner Press
Total Pages: 758
Release: 2019-07-10
Genre:
ISBN: 9780991582945

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Domain Name Arbitration: Trademarks, Domain Names, and Cybersquatting is the second edition of Domain Name Arbitration 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.

Internet Domain Name Trademark Protection

Internet Domain Name Trademark Protection
Author: United States. Congress. House. Committee on the Judiciary. Subcommittee on Courts and Intellectual Property
Publisher:
Total Pages: 198
Release: 1997
Genre: History
ISBN:

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Internet Domain Name Trademark Protection

Internet Domain Name Trademark Protection
Author: Howard Coble
Publisher: DIANE Publishing
Total Pages: 197
Release: 2000-05
Genre:
ISBN: 0788186965

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Witnesses include: Rep. Howard Coble, Chmn., House Subcommittee on Courts and Intellectual Property; Gabriel A. Battista, CEO, Network Solutions, Inc.; Michael K. Kirk, Exec. Dir., Amer. Intellectual Property Law Assoc.; Hon. Bruce A. Lehman, Assist. Sec. of Commerce and Commissioner of Patents and Trademarks, Patent and Trademark Office, U.S. Dept. of Commerce; David Stimson, Pres., Int'l. Trademark Assoc.; Douglas Wood, Exec. Partner, Hall, Dickler, Kent, Friedman and Wood, for the Coalition for Advertising Supported Information and Entertainment (CASIE); and John Wood, Senior Internet Consultant, Prince, PLC.

Cybersquatters Beware!

Cybersquatters Beware!
Author: Chantelle MacDonald Newhook
Publisher: McGraw-Hill Ryerson
Total Pages: 290
Release: 2002
Genre: Business & Economics
ISBN: 9780070905795

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Domain names are the all-important nameplates of the new marketplace, with more than 28 million in place and 30,000 new names created each day. Company decision makers are learning they must constantly defend against their unsanctioned or improper use. Cybersquatters Beware! provides business executives, marketing professionals, and lawyers with jargon-free, step-by-step procedures for getting and keeping a chosen domain name, starting an action with or without a lawyer, solving disputes with a dispute resolution provider, and more.