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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.
The plain-English business guide to avoiding social media legal risks and liabilities—for anyone using social media for business—written specifically for non-attorneys! You already know social media can help you find customers, strengthen relationships, and build your reputation, but if you are not careful, it also can expose your company to expensive legal issues and regulatory scrutiny. This insightful, first-of-its-kind book provides business professionals with strategies for navigating the unique legal risks arising from social, mobile, and online media. Distilling his knowledge into a 100% practical guide specifically for non-lawyers, author and seasoned business attorney, Robert McHale, steps out of the courtroom to review today’s U.S. laws related to social media and alert businesses to the common (and sometimes hidden) pitfalls to avoid. Best of all, McHale offers practical, actionable solutions, preventative measures, and valuable tips on shielding your business from social media legal exposures associated with employment screening, promotions, endorsements, user-generated content, trademarks, copyrights, privacy, security, defamation, and more... You’ll Learn How To • Craft legally compliant social media promotions, contests, sweepstakes, and advertising campaigns • Write effective social media policies and implement best practices for governance • Ensure the security of sensitive company and customer information • Properly monitor and regulate the way your employees use social media • Avoid high-profile social media mishaps that can instantly damage reputation, brand equity, and goodwill, and create massive potential liability • Avoid unintentional employment and labor law violations in the use of social media in pre-employment screening • Manage legal issues associated with game-based marketing, “virtual currencies,” and hyper-targeting • Manage the legal risks of user-generated content (UGC) • Protect your trademarks online, and overcome brandjacking and cybersquatting • Understand the e-discovery implications of social media in lawsuits
The only single-volume guide to the major components of intellectual property published by the American Bar Association. Written by intellectual property and franchise lawyers, this resource provides substantive and practical guidance to a wide audience of non-IP specialists.
Due to the increasing use of the Internet in business and commercial transactions, there is a great need for more practical and reliable information on current legal issues in the world of e-commerce. This timely book provides you with an easy-to-understand overview of how the Internet has emerged as an important setting for business, and how doing business on the Internet is regulated by the courts, as well as state and federal government. It offers you a clear and better understanding of complex legal concepts and terminology to help you comply with the law and spot legal issues that may arise.
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.
Advance praise for The GigaLaw Guide to Internet Law “I read this book from cover to cover. The examples of case law are of enormous illustrative value. Some of them will raise your blood pressure (well, mine went up several notches, anyway). Well worth the time to read!” —Vint Cerf, chairman, Internet Corporation for Assigned Names and Numbers (ICANN) “Doug Isenberg pulls off the toughest hat trick in legal writing—he and his contributing authors map out the legal landscape of cyberspace in language accessible and friendly to lay readers, providing a comprehensive guide for lawyers who want to gain a quick grasp of cyberlaw, and they do all this with scholarly care for accuracy and precision.” —Mike Godwin, author of Cyber Rights: Defending Free Speech in the Digital Age “A treasure trove of information that is a relief to find, a pleasure to read, and a snap to apply to dozens of your most pressing Internet legal questions.” —Carol Darr, director of the Institute for Politics, Democracy and the Internet “Doug Isenberg is the authority on all issues regarding Internet law. His insight is exceptional, his experience unsurpassed. This book is both a reference work and a bible, enlightening and showing the way—a quintessential, all-encompassing work for both the novice and the veteran.” —Marc Adler, chairman and CEO, Macquarium Intelligent Communications Doug Isenberg is an attorney and the founder of GigaLaw.com, an award-winning website about Internet law. He writes regularly as a columnist for The Wall Street Journal Online and CNET News.com and has represented numerous high-tech and Internet clients. For more information about The GigaLaw Guide to Internet Law, visit: http://GigaLaw.com/guide
Report ... addresses the far-reaching impact that digital technologies, the Internet in particular, have had on intellectual property (IP) and the international IP system.