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This work, edited and written by leading experts in the fields of domain name dispute resolution and trade mark law from around the world, provides a comprehensive analysis of the law and practice relating to internet domain names at an international level, combined with a detailed survey ofthe 27 most important domain name jurisdictions worldwide, including the US, UK, Germany, France, Italy, Netherlands, Japan, China, Singapore, Russia, Canada and Australia. A particular strength of the book is its in-depth country-by-country focus upon how domain names relate to existing trade marklaw, and upon the developing case-law in this field, as well as the alternative dispute resolution procedures in the respective ccTLDs. It assembles detailed information about the registration of domain names at national, regional and international levels, analysis of the dispute resolution processes at each of those levels, and strategic guidance on how to manage domain names as part of an overall brand strategy. The authors alsoanalyse panelist decisions under the Uniform Domain Name Dispute Resolution Policy (UDRP) and the registration procedures and alternative dispute resolution procedure for the new European top level domain '.eu'.
An established authority for lawyers seeking to advise on or enforce their clients' rights within the domain name system, Domain Name Law and Practice, in its second edition, provides comprehensive, reliable analysis, fully updated to cover additional national jurisdictions and a wealth of information concerning ICANN's new gTLD launch.
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 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.
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.
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.
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.
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.
Domian Names provides a legal primer for in-house counsel grappling with domain names and a reference for IP and IT solicitors seeking to gain a deeper understanding of this fast-moving topic . Covers the key differences and similarities between a trademark and a domain name, and other intersections between domain name law and IP law Sets out the online infrastructure in which domain names operate, including protocol, DNS, gTLDs and ccTLDs Details the international legal system of registry which governs domain names, including ICANN, DoC, and all the international registries which operate gTLDs and ccTLDs Analyses the legal definition of a domain name in the context of trademark law Advises on strategy regarding top level domain selection, SEO, which registrars to use, and how to negotiate with existing domain name holders Covers unregistered rights, infringement sanctions, termination, service marks and descriptive marks Covers commercial and legal arrangements consequent of domain names i.e. leasing, purchase contracts, auctions, migration, monitoring, and importantly how to respond to an infringement Examines the dispute resolution options available to aggrieved parties in domain name disputes in different countries including Australia, France, Germany, Norway, Denmark, the UK and Ireland Explains dispute routes including the legal rights objection, trademark clearinghouse, uniform rapid suspension system, post-delegation disputes, trademark post-delegation disputes, registration restriction disputes and public interest commitments disputes Details the tax apparatus surrounding domain names Includes and refers to key case law across multiple jurisdictions including the EU and US.