The Law of Electronic Commerce
The Law of Electronic Commerce

Author: Alan Davidson

Publisher: Cambridge University Press

Published: 2009-08-25

Total Pages: 438

ISBN-13: 1139479962

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Written specifically for legal practitioners and students, this book examines the concerns, laws and regulations involved in Electronic Commerce. In just a few years, commerce via the World Wide Web and other online platforms has boomed, and a new field of legal theory and practice has emerged. Legislation has been enacted to keep pace with commercial realities, cyber-criminals and unforeseen social consequences, but the ever-evolving nature of new technologies has challenged the capacity of the courts to respond effectively. This book addresses the legal issues relating to the introduction and adoption of various forms of electronic commerce. From intellectual property, to issues of security and privacy, Alan Davidson looks at the practical changes for lawyers and commercial parties whilst providing a rationale for the underlying legal theory.

International Domain Name Law
International Domain Name Law

Author: David Lindsay

Publisher: Bloomsbury Publishing

Published: 2007-12-14

Total Pages: 556

ISBN-13: 1847313965

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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.

Domain Name Disputes
Domain Name Disputes

Author: Robert A. Badgley

Publisher: Wolters Kluwer

Published: 2002-01-01

Total Pages: 580

ISBN-13: 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.

A Practical Guide to the Law of Domain Names and Cybersquatting
A Practical Guide to the Law of Domain Names and Cybersquatting

Author: Andrew Clemson

Publisher:

Published: 2019-05-16

Total Pages: 182

ISBN-13: 9781912687121

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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.

Choosing the Right Domain Name
Choosing the Right Domain Name

Author: Alan Charlesworth

Publisher: Lulu.com

Published: 2009-10-02

Total Pages: 176

ISBN-13: 1445205386

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A guide to choosing the right domain name for your organization, business, product or brand

Australian Domain Name Law
Australian Domain Name Law

Author: Alpana Roy

Publisher: Lawbook Company

Published: 2016-05-15

Total Pages:

ISBN-13: 9780455231068

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This ground-breaking book is the first complete statement of Australian domain name law. Domain name law is a rapidly-evolving area of the law which concerns the contested rights of parties to registered domain names. While the Uniform Domain Name Dispute Resolution Policy (UDRP) provides the international legal framework, local authorities are responsible for dispute resolution concerning country code top-level domains (ccTLDs). In Australia, the relevant local policy governing .au domain name disputes is the .au Dispute Resolution Policy (auDRP). This pioneering work provides the first comprehensive statement of auDRP decisions, from the inception of the policy in 2002 to date. In this detailed work, the author examines the Australian and international regulatory frameworks for internet domain name disputes, the procedural rules which exist under the auDRP, and importantly, the substantive elements that must be established in order to bring a successful complaint under the auDRP. By examining auDRP decisions to date, this work aims to articulate some of the emerging themes arising under this relatively new area of Australian law. This book is at once scholarly, instructive, educational, and practical. It is essential reading for academics, practitioners, students, and all those interested in Australian domain name law and disputes, internet and e-commerce law, and intellectual property law.

The Current State of Domain Name Regulation
The Current State of Domain Name Regulation

Author: Konstantinos Komaitis

Publisher: Routledge

Published: 2010-07-12

Total Pages: 561

ISBN-13: 1136956379

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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.

Internet Domain Names, Trademarks and Free Speech
Internet Domain Names, Trademarks and Free Speech

Author: Jacqueline D. Lipton

Publisher: Edward Elgar Publishing

Published: 2010-01-01

Total Pages: 337

ISBN-13: 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.