Domain Name Arbitration : A Practical Guide to Asserting and Defending Claims of Cybersquatting Unde - Levine, Gerald M.

Domain Name Arbitration : A Practical Guide to Asserting and Defending Claims of Cybersquatting Unde

Gerald M. Levine

Yayınevi: Legal Corner Press

Yayın tarihi: 08/2015

ISBN: 9780991582907

İngilizce | 558 Sayfa | 14,86x21,41x1,85 cm.

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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 is that 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 that parties 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."

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