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International Domain Name Law

ICANN and the UDRP

By: David Lindsay
Media of International Domain Name Law
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Published: 14-12-2007
Format: PDF eBook (?)
Edition: 1st
Extent: 512
ISBN: 9781847313966
Imprint: Hart Publishing
RRP: £183.60
Online price : £165.24
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About International Domain Name Law

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.

Table Of Contents

1. THE DOMAIN NAME SYSTEM
The Internet
Internet Addressing and the DNS
Top-level Domains (TLDs)
Operation of DNS
2. DNS GOVERNANCE AND ICANN
Internet and DNS Governance
History of DNS Governance
Origins of ICANN
Contractual Basis of DNS Governance
ICANN
ICANN's Structure
ICANN's Processes
Registry and Registrar Agreements
ccTLD Governance
The WSIS
3. UNIFORM DOMAIN NAME DISPUTE RESOLUTION
Domain Name Disputes
History of the UDRP
The UDRP
WIPO Second Process Report
Other Dispute-resolution Systems
Limited Remedies
Fundamental Tensions and WIPO Overview
4. UDRP PROCEDURES
The UDRP Rules
Precedent and the UDRP
UDRP Procedures
Choice of Law and Language
Supplemental Submissions and Refiling
Burden of Proof
Other Procedural Issues
Reverse Domain Name Hijacking
Equitable Defences
5. IDENTICAL OR CONFUSINGLY SIMILAR DOMAIN NAMES
Overview
Trade Marks
'Unregistered' Trade Marks
Registered Trade Marks
Unregistered Marks
Distinctiveness and Secondary Meaning
Personal Names
Trade Mark Law
English Action for Passing Off
Geographical Terms
Non-exclusive Rights
Comparing Domain Names and Marks
'Identical or Confusingly Similar'
Typosquatting
Gripe Sites
6. RIGHTS OR INTERESTS IN THE DISPUTED DOMAIN NAME
Overview and Policy
Affirmative Defences
Burden of Proof
Bona Fide Offering of Goods or Services
Status of Business Plans
'Commonly Known by' Domain Name
Non-commercial or Fair Use
Generic Terms
7. BAD FAITH REGISTRATION AND USE
Overview and Policy
Registration and Use in Bad Faith
Bad Faith Use
Bad Faith Registration
Notice of Complainant's Mark
Disclaimer
'Opportunistic' Bad Faith
Registration for Purpose of Sale
Registration to Prevent Use of Mark
Disrupting Competitor's Business
Commercial Gain from Confusing Use

Reviews

“...comprehensive and detailed and includes valuable information on the evolution of the DNS and the UDRP. In particular, the author has successfully undertaken the daunting task of reading, analysing and systematising vast numbers of the ever-increasing and sometimes divergent UDRP decisions to produce a welcome and exhaustive text on the principles that apply to domain name disputes under the UDRP. The book is thus an invaluable resource for all those interested or involved in the DNS or domain name disputes under the UDRP or domain name disputes in those country code TLDs that have adopted the UDRP or a modified version of the UDRP which includes Australia...it is difficult to envisage a situation that would not be covered by this exceptionally detailed account of the UDRP and the UDRP decisions up to the end of February 2007.” –  Janice Luck, Australian Intellectual Property Journal, Vol 19

“…there is much in the book that both specialists and less well-informed readers will find useful.” –  Journal of the Commonwealth Lawyers' Association, Vol. 17, No. 3

“This book, designed as a reference work for practitioners, academics and policy-makers, provides a comprehensive statement of the issues that have arisen in the interpretation and application of the UDRP…Lawyers practising in this area of the law will certainly find this edition a worthwhile investment.” –  Sharon Givoni, Internet Law Bulletin, Volume 11, Number 2

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