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Internet Domain Names, Trademarks and Free Speech

Internet Domain Names, Trademarks and Free Speech
Author: Jacqueline D. Lipton
Publisher: Edward Elgar Publishing
Total Pages: 337
Release: 2010-01-01
Genre: Law
ISBN: 1849806985

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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

Domain Name Disputes
Author: Robert A. Badgley
Publisher: Wolters Kluwer
Total Pages: 580
Release: 2002-01-01
Genre: Law
ISBN: 0735532931

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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.


Internet Domain Name Trademark Protection

Internet Domain Name Trademark Protection
Author: United States. Congress. House. Committee on the Judiciary. Subcommittee on Courts and Intellectual Property
Publisher:
Total Pages: 198
Release: 1997
Genre: History
ISBN:

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The Clash Between Trade Mark Law and Freedom of Speech in Cyberspace

The Clash Between Trade Mark Law and Freedom of Speech in Cyberspace
Author: Eugene Lim
Publisher: Library and Archives Canada = Bibliothèque et Archives Canada
Total Pages: 64
Release: 2004
Genre: Dispute resolution (Law)
ISBN: 9780612954335

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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.


Internet Domain Names and Intellectual Property Rights

Internet Domain Names and Intellectual Property Rights
Author: United States. Congress. House. Committee on the Judiciary. Subcommittee on Courts and Intellectual Property
Publisher:
Total Pages: 172
Release: 2000
Genre: Law
ISBN:

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Internet Domain Name Trademark Protection

Internet Domain Name Trademark Protection
Author: Howard Coble
Publisher: DIANE Publishing
Total Pages: 197
Release: 2000-05
Genre:
ISBN: 0788186965

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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.


The Current State of Domain Name Regulation

The Current State of Domain Name Regulation
Author: Konstantinos Komaitis
Publisher: Routledge
Total Pages: 293
Release: 2010-07-12
Genre: Business & Economics
ISBN: 1136956387

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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.


Trademark Law & the Internet

Trademark Law & the Internet
Author: Lisa E. Cristal
Publisher:
Total Pages: 704
Release: 2001
Genre: Internet
ISBN:

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Generic Top-Level Domains

Generic Top-Level Domains
Author: Tobias Mahler
Publisher: Edward Elgar Publishing
Total Pages: 277
Release: 2019
Genre: International law
ISBN: 1786435144

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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.


Fifteen Years of Fame

Fifteen Years of Fame
Author: Jude A. Thomas
Publisher:
Total Pages: 0
Release: 2014
Genre:
ISBN:

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Domain name disputes have been the subject of substantial litigation, legislative action, and scholarly debate over the course of the past fifteen years. Much of the debate is the product of disagreement concerning whether trademark rights naturally extend into the domain name space and to what extent those rights are limited by principles of free speech. Gripe sites are paradigmatic examples of this debate. Society's investment in defining these rights continues to grow, even as the relevance of domain names may be declining, due to: (1) changes in the way users locate content on the Internet; (2) the growth of social media and its consequent de-emphasis on top level domain names; and (3) the dilution of the domain name space.