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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: Robert A. Badgley
Publisher: Wolters Kluwer
ISBN: 0735532931
Category : Law
Languages : en
Pages : 580
Get Book Here
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: Alan Davidson
Publisher: Cambridge University Press
ISBN: 1139479962
Category : Business & Economics
Languages : en
Pages : 438
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Book Description
Written specifically for legal practitioners and students, this book examines the concerns, laws and regulations involved in Electronic Commerce. In just a few years, commerce via the World Wide Web and other online platforms has boomed, and a new field of legal theory and practice has emerged. Legislation has been enacted to keep pace with commercial realities, cyber-criminals and unforeseen social consequences, but the ever-evolving nature of new technologies has challenged the capacity of the courts to respond effectively. This book addresses the legal issues relating to the introduction and adoption of various forms of electronic commerce. From intellectual property, to issues of security and privacy, Alan Davidson looks at the practical changes for lawyers and commercial parties whilst providing a rationale for the underlying legal theory.
Author: Jacqueline D. Lipton
Publisher: Edward Elgar Publishing
ISBN: 1849806985
Category : Law
Languages : en
Pages : 337
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Book Description
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.
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.
Author: David Lindsay
Publisher: Bloomsbury Publishing
ISBN: 1847313965
Category : Law
Languages : en
Pages : 556
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Book Description
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.
Author: Alan Charlesworth
Publisher: Lulu.com
ISBN: 1445205386
Category : Business & Economics
Languages : en
Pages : 176
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Book Description
A guide to choosing the right domain name for your organization, business, product or brand
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: Chantelle MacDonald Newhook
Publisher: McGraw-Hill Ryerson
ISBN: 9780070905795
Category : Business & Economics
Languages : en
Pages : 290
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Book Description
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.
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: Daniel R. Bereskin
Publisher: Edward Elgar Publishing
ISBN: 9781035315024
Category :
Languages : en
Pages : 0
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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 Daniel 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. Key Features: Evidence needed to support domain name dispute positions Analysis of the likelihood of success in domain name disputes A comprehensive examination of WIPO domain name dispute case law Tips on drafting persuasive responses to domain name dispute complaints Practical guidance on creating effective complaints in domain name dispute proceedings This accessible and well-organized book will be a key resource for both trademark owners faced with abusive third-party domain name registrations and domain name owners who believe they registered their domain names in good faith, as well as lawyers, trademark agents, and advisors assisting them in dispute proceedings.