Index of Decisions
Author: United States. Federal Service Impasses Panel
Publisher:
Published: 1994
Total Pages: 56
ISBN-13:
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Choosing the Right Domain Name
Author: Alan Charlesworth
Publisher: Lulu.com
Published: 2009-10-02
Total Pages: 176
ISBN-13: 1445205386
DOWNLOAD EBOOKA guide to choosing the right domain name for your organization, business, product or brand
Domain Name Arbitration
Author: Gerald M. Levine
Publisher:
Published: 2015-06-01
Total Pages:
ISBN-13: 9780991582907
DOWNLOAD EBOOKDomain 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.
Domain Name Disputes
Author: Robert A. Badgley
Publisher: Wolters Kluwer
Published: 2002-01-01
Total Pages: 580
ISBN-13: 0735532931
DOWNLOAD EBOOKDomain 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.
Domain Name Law and Practice
Author: Torsten Bettinger
Publisher: OUP Oxford
Published: 2014-02
Total Pages: 0
ISBN-13: 9780199663163
DOWNLOAD EBOOKAn 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 Current State of Domain Name Regulation
Author: Konstantinos Komaitis
Publisher: Routledge
Published: 2010-07-12
Total Pages: 561
ISBN-13: 1136956379
DOWNLOAD EBOOKIn 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.
Online Dispute Resolution for Consumers in the European Union
Author: Pablo Cortés
Publisher: Routledge
Published: 2010-09-13
Total Pages: 283
ISBN-13: 1136943501
DOWNLOAD EBOOKOffers an account of ODR for consumers in the EU context, presenting a comprehensive investigation of the development of ODR for business to consumer disputes within the EU. This book examines the role of both the European legislator with the Mediation Directive and the English judiciary in encouraging the use of mediation.
Generic Top-Level Domains
Author: Tobias Mahler
Publisher: Edward Elgar Publishing
Published: 2019
Total Pages: 260
ISBN-13: 1786435144
DOWNLOAD EBOOKThis 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.
Rethinking International Commercial Arbitration
Author: Gilles Cuniberti
Publisher: Edward Elgar Publishing
Published: 2017-05-26
Total Pages: 345
ISBN-13: 1786432404
DOWNLOAD EBOOKArbitration is the normal and preferred mode for resolving international commercial disputes. It presents an essential advantage over national courts by offering neutrality of adjudication, but is currently only available where both parties have consented to it. This innovative book proposes a fundamental rethink of this assumption and argues that arbitration should become the default mode of resolution in international commercial disputes.
Arbitration in the Digital Age
Author: Maud Piers
Publisher: Cambridge University Press
Published: 2018-01-25
Total Pages: 328
ISBN-13: 1108287174
DOWNLOAD EBOOKArbitration in the Digital Age analyses how technology can be efficiently and legitimately used to further sound arbitration proceedings. The contributions, from a variety of arbitration scholars, report on current developments, predict future trends, and assesses their impact from a practical, legal, and technical point of view. The book also discusses the relationship between arbitration and the Internet and analyses how social media can affect arbitrators and counsel's behaviour. Furthermore, it analyses the validity of electronic arbitration and awards, as well as Online Arbitration (OArb). The volume establishes, on a very practical level, how technology could be used by arbitration institutions, arbitrators, parties to an arbitration and counsel. This book will be of special interest to arbitrators and lawyers involved in international commercial arbitration.
