'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.

Handbook of Media Management and Economics

Handbook of Media Management and Economics
Author: Alan Albarran
Publisher: Routledge
Total Pages: 654
Release: 2018-04-27
Genre: Business & Economics
ISBN: 1351747525
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Winner of the 2019 Robert Picard Book Award The Handbook of Media Management and Economics has become a required reference for students, professors, policy makers and industry practitioners. The volume was developed around two primary objectives: assessing the state of knowledge for the key topics in the media management and economics fields; and establishing the research agenda in these areas, ultimately pushing the field in new directions. The Handbook's chapters are organized into parts addressing the theoretical components, key issues, analytical tools, and future directions for research. With its unparalleled breadth of content from expert authors, the Handbook provides background knowledge of the various theoretical dimensions and historical paradigms, and establishes the direction for the next phases of research in this evolving arena of study. Updates include the rise of mobile and social media, globalization, audience fragmentation and big data.

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.

Current Law Index

Current Law Index
Author:
Publisher:
Total Pages: 1560
Release: 2007
Genre: Law
ISBN:
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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.

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.

ICANN, New GTLDS, and the Protection of Intellectual Property

ICANN, New GTLDS, and the Protection of Intellectual Property
Author: United States. Congress. House. Committee on the Judiciary. Subcommittee on Courts, the Internet, and Intellectual Property
Publisher:
Total Pages: 130
Release: 2001
Genre: Law
ISBN:
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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.