Internet Domain Names, Trademarks and Free Speech

Internet Domain Names, Trademarks and Free Speech PDF 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.

Internet Domain Names, Trademarks and Free Speech

Internet Domain Names, Trademarks and Free Speech PDF Author: Jacqueline D. Lipton
Publisher: Edward Elgar Publishing
ISBN: 1849806985
Category : Law
Languages : en
Pages : 337

Get Book Here

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.

Internet Domain Names and Intellectual Property Rights

Internet Domain Names and Intellectual Property Rights PDF Author: United States. Congress. House. Committee on the Judiciary. Subcommittee on Courts and Intellectual Property
Publisher:
ISBN:
Category : Law
Languages : en
Pages : 164

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Book Description


The Current State of Domain Name Regulation

The Current State of Domain Name Regulation PDF Author: Konstantinos Komaitis
Publisher: Routledge
ISBN: 1136956379
Category : Law
Languages : en
Pages : 561

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Book Description
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.

International Domain Name Law

International Domain Name Law PDF 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.

Intellectual Property on the Internet

Intellectual Property on the Internet PDF Author: World Intellectual Property Organization
Publisher: WIPO
ISBN: 9280511432
Category : Law
Languages : en
Pages : 142

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Book Description
Report ... addresses the far-reaching impact that digital technologies, the Internet in particular, have had on intellectual property (IP) and the international IP system.

Choosing the Right Domain Name

Choosing the Right Domain Name PDF 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

INTELLECTUAL PROPERTY RIGHTS

INTELLECTUAL PROPERTY RIGHTS PDF Author: NEERAJ PANDEY
Publisher: PHI Learning Pvt. Ltd.
ISBN: 812034989X
Category : Law
Languages : en
Pages : 193

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Book Description
Creations of mind can vary in its form—from a brilliant thought to a gizmo gadget to a popular fiction—all come under the legal term called Intellectual Property. In the world of upheaval technology, where information on anything and everything is freely available and accessible, guarding these intellectual properties legally becomes a prerequisite. This book comprehensively discusses how to manage and secure the intellectual property and the legal norms associated with it. The book begins with introducing the concepts related to Intellectual Property and the WTO Agreement. The following chapters explain various types of Intellectual Property Rights such as Patents, Copyrights, Trade Marks, Industrial Designs, Integrated Circuits, and Geographical Indications. These chapters also provide in-depth and detailed insight on regulations and procedures for protection of Intellectual Property Rights. The book further explicates the creation of Intellectual Property and spells out the conceptual framework for creativity and innovation. Management of Intellectual Property is as important as its creation, and therefore the concluding chapters describe the activities for management and commercialization of Intellectual Property Rights, and the emerging issues surrounding them. Two separate cases have been added at the end of the book, to provide an analytical insight of the subject to the students. The book is meant for the undergraduate and postgraduate students of management and technology. Besides, the book can be useful for the undergraduate students of law as a ready reference.

A Practical Guide to the Law of Domain Names and Cybersquatting

A Practical Guide to the Law of Domain Names and Cybersquatting PDF 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.

Generic Top-Level Domains

Generic Top-Level Domains PDF Author: Tobias Mahler
Publisher: Edward Elgar Publishing
ISBN: 1786435144
Category : International law
Languages : en
Pages : 260

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Book Description
This topical book examines the regulatory framework for introducing generic Top-Level Domains on the Internet. Drawn up by the Internet Corporation for Assigned Names and Numbers (ICANN), these rules form part of a growing body of transnational private regulation, complementing national and international law. The book elucidates and discusses how ICANN has tackled a diverse set of economic and regulatory issues, including competition, consumer protection, property rights, procedural fairness, and the resolution of disputes.

Research Handbook on Intellectual Property Rights and Arbitration

Research Handbook on Intellectual Property Rights and Arbitration PDF Author: Simon Klopschinski
Publisher: Edward Elgar Publishing
ISBN: 180037836X
Category : Law
Languages : en
Pages : 603

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Book Description
The Research Handbook on Intellectual Property Rights and Arbitration explores the complementary relationship between state court adjudication and arbitral proceedings in the context of intellectual property rights. Presenting contemporary research and insight into the scholarly debates on the topic, it provides a comprehensive overview of arbitrating intellectual property disputes on an international scale.