A Practical Guide to the Law of Domain Names and Cybersquatting PDF Download
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Author: Andrew Clemson
Publisher:
ISBN: 9781912687121
Category :
Languages : en
Pages : 182
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Book Description
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: Andrew Clemson
Publisher:
ISBN: 9781912687121
Category :
Languages : en
Pages : 182
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Book Description
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:
ISBN: 9780991582907
Category :
Languages : en
Pages :
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Book Description
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
ISBN: 9781845926564
Category :
Languages : en
Pages :
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Book Description
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:
ISBN: 9780991582952
Category : Law
Languages : en
Pages : 0
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Book Description
Author: Robert A. Badgley
Publisher: Wolters Kluwer
ISBN: 0735532931
Category : Law
Languages : en
Pages : 580
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Book Description
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: Simon Halberstam
Publisher: Tolley Publishing Company, Limited
ISBN: 9780754514916
Category : Internet domain names
Languages : en
Pages : 287
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Book Description
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: Stephen Elias
Publisher: NOLO
ISBN:
Category : Computers
Languages : en
Pages : 206
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Book Description
Discusses the legal aspects of domain names, including reserving a name, trademarks, cybersquatting, conflicts, and customer confusion, and provides advice on registering domain names and trademarks.
Author: Gerald M. Levine
Publisher: Legal Corner Press
ISBN: 9780991582938
Category :
Languages : en
Pages : 94
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Book Description
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:
ISBN:
Category :
Languages : en
Pages : 54
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Book Description
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
ISBN: 1035315033
Category : Law
Languages : en
Pages : 307
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Book Description
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.
