Download Free The Clash Of Trademarks And Domain Names On The Internet Book in PDF and EPUB Free Download. You can read online The Clash Of Trademarks And Domain Names On The Internet and write the review.

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.
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.
This paper seeks to explore the tensions between traditional trade mark law and the regulation of Internet domain names in cyberspace. It will evaluate the terms of the Uniform Domain Name Dispute Resolution Policy ("UDRP"), which was adopted by the Internet Corporation of Assigned Names and Numbers ("ICANN") in 1999 to settle disputes between trade mark proprietors and domain name registrants. It will be argued that the UDRP in its present form unfairly favours trade mark proprietors by expanding the scope of traditional trade mark law, and fails to adequately protect the right of Internet users to engage in ordinary discourse and communication. The paper will conclude with a number of suggestions for the amendment of the UDRP, so as to better balance the myriad interests of an increasingly diverse global Internet community, and to promote the development of a more coherent normative framework for the resolution of domain name disputes.
Witnesses include: Rep. Howard Coble, Chmn., House Subcommittee on Courts and Intellectual Property; Gabriel A. Battista, CEO, Network Solutions, Inc.; Michael K. Kirk, Exec. Dir., Amer. Intellectual Property Law Assoc.; Hon. Bruce A. Lehman, Assist. Sec. of Commerce and Commissioner of Patents and Trademarks, Patent and Trademark Office, U.S. Dept. of Commerce; David Stimson, Pres., Int'l. Trademark Assoc.; Douglas Wood, Exec. Partner, Hall, Dickler, Kent, Friedman and Wood, for the Coalition for Advertising Supported Information and Entertainment (CASIE); and John Wood, Senior Internet Consultant, Prince, PLC.
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.
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.
This book evaluates the behaviour of domain names within the rule of law as well as their regulatory frameworks. Drawing on experience from various jurisdictions, the book determines the property nature of domain names, and suggests solutions as to how the regulation of domain names can be reformed.