'What is in a Name?' A Comparative Look at the ICANN Uniform Domain Name Dispute Resolution Policy and the United States Anti-Cybersquatting Consumer Protection Act

'What is in a Name?' A Comparative Look at the ICANN Uniform Domain Name Dispute Resolution Policy and the United States Anti-Cybersquatting Consumer Protection Act
Author: Terrence Fernbach
Publisher:
Total Pages: 54
Release: 2013
Genre:
ISBN:
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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.

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.

The Current State of Domain Name Regulation

The Current State of Domain Name Regulation
Author: Konstantinos Komaitis
Publisher: Routledge
Total Pages: 561
Release: 2010-07-12
Genre: Law
ISBN: 1136956379
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In this book Konstantinos Komaitis identifies a tripartite problem – intellectual, institutional and ethical – inherent in the domain name regulation culture. Using the theory of property, Komaitis discusses domain names as sui generis ‘e-property’ rights and analyses the experience of the past ten years, through the Uniform Domain Name Dispute Resolution Policy (UDRP) and the Anticybersquatting Consumer Protection Act (ACPA). The institutional deficit he identifies, generates a further discussion on the ethical dimensions in the regulation of domain names and prompts Komaitis to suggest the creation of an environment based on justice. The relationship between trademarks and domain names has always been contentious and the existing institutions of the UDRP and ACPA have not assisted in alleviating the tension between the two identifiers. Over the past ten years, the trademark community has been systematic in encouraging and promoting a culture that indiscriminately considers domain names as secondclass citizens, suggesting that trademark rights should have priority over the registration in the domain name space. Komaitis disputes this assertion and brings to light the injustices and the trademark-oriented nature of the UDRP and ACPA. He queries what the appropriate legal source to protect registrants when not seeking to promote trademark interests is. He also delineates a legal hypothesis on their nature as well as the steps of their institutionalisation process that we need to reverse, seeking to create a just framework for the regulation of domain names. Finally he explores how the current policies contribute to the philosophy of domain names as second-class citizens. With these questions in mind, Komaitis suggests some recommendations concerning the reconfiguration of the regulation of domain names.

Beating the Cybersquatters - Dispute Resolution V. U.S. Statutory Protection

Beating the Cybersquatters - Dispute Resolution V. U.S. Statutory Protection
Author: Rupesh Chandrani
Publisher:
Total Pages: 3
Release: 1999
Genre: America
ISBN:
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As e-commerce has evolved, cybersquatters have recognised the potential to make a virtual killing from domain names. Previously, businesses paid cybersquatters large sums to protect their IP rights. Increasingly they are resorting to alternative strategies. Following his previous article on ICANN and the proposals in WIPO's Final Report, Rupesh Chandrani highlights how the ICANN approved Uniform Domain Name Dispute Resolution Procedure and statutory enforcement under the U.S. Anticybersquatting Consumer Protection Act 1999 provide viable alternatives for companies who seek to protect their online rights.

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.

Law of Internet Disputes

Law of Internet Disputes
Author: David W. Quinto
Publisher: Aspen Publishers
Total Pages: 700
Release: 2001
Genre: Law
ISBN: 9780735525924
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Avoid costly Internet disputes-or resolve them quickly--with expert guidance from a nationally recognized intellectual property litigator. In one highly accessible volume, author David Quinto provides timely analysis of the latest laws, rules, regulations, and technology solutions for dealing with Internet-related legal disputes. Coverage includes: The Anticybersquatting Consumer Protection Act ICANN's Uniform Domain Name Dispute Resolution Policy the Digital Millennium Copyright Act the Children's Online Privacy Protection Act and more. Organized by specific type of problem (e.g. domain name dispute, framing, metatagging, etc.) Quinto analyzes the applicable statutes and policies...dissects the cases...discusses proposed legislation...and provides practical guidance to consider before taking action. Law of Internet Disputes also provides an arsenal of practice tools to minimize your research and drafting time, including: 'Practice Pointers' that alert you to new legal or technological approaches Sample cease and desist letters Complaints Tips for linking agreements

Beyond Cybersquatting

Beyond Cybersquatting
Author: Jacqueline D. Lipton
Publisher:
Total Pages: 0
Release: 2015
Genre:
ISBN:
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All good 'cyberlawyers' know that in the late 1990s, legal and regulatory measures were adopted, both at the domestic and international level to address the then-growing problem of 'cybersquatting': that is, the registration of often multiple domain names corresponding to valuable corporate trademarks with the intention of extorting high prices from the trademark owners for transferring the names to them. Since 1999, the Uniform Domain Name Dispute Resolution Policy ('UDRP') in particular, complemented by the Anti-Cybersquatting Consumer Protection Act ('ACPA'), has been very successful in combating this practice. Unfortunately, since the late 1990s, there has been little movement towards developing a comprehensive system for domain name dispute resolution outside the cybersquatting area. Little thought has been given to other forms of domain name disputes that are not so well served by the UDRP and ACPA. Examples of these kinds of disputes include certain complaints involving personal names and cultural/geographic place names, as well as disputes involving contests between two legitimate trademark holders. This Article suggests the development of a new classification scheme for different types of Internet domain name disputes outside the 'bad faith' cybersquatting context. This new classification scheme highlights both the fact that the current legal and regulatory framework is focused on only a narrow class of domain name disputes, and that the policies underlying this framework are not suited to other categories of domain name disputes. The article further identifies ways in which new solutions could be developed that are better suited to domain name complaints outside the cybersquatting context and that more appropriately reflect emerging social norms about Internet usage and domain name registration.

Domain Name Arbitration

Domain Name Arbitration
Author: Gerald M. Levine
Publisher:
Total Pages:
Release: 2015-06-01
Genre:
ISBN: 9780991582907
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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.