Internet Domain Names Trademarks And Free Speech

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Internet Domain Names Trademarks And Free Speech

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Author : Jacqueline D. Lipton
language : en
Publisher: Edward Elgar Publishing
Release Date : 2010-01-01

Internet Domain Names Trademarks And Free Speech written by Jacqueline D. Lipton and has been published by Edward Elgar Publishing this book supported file pdf, txt, epub, kindle and other format this book has been release on 2010-01-01 with Law categories.

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.

The Current State Of Domain Name Regulation

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Author : Konstantinos Komaitis
language : en
Publisher: Routledge
Release Date : 2010-07-12

The Current State Of Domain Name Regulation written by Konstantinos Komaitis and has been published by Routledge this book supported file pdf, txt, epub, kindle and other format this book has been release on 2010-07-12 with Law categories.

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 And Intellectual Property Rights

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Author : United States. Congress. House. Committee on the Judiciary. Subcommittee on Courts and Intellectual Property
language : en
Publisher:
Release Date : 2000

Internet Domain Names And Intellectual Property Rights written by United States. Congress. House. Committee on the Judiciary. Subcommittee on Courts and Intellectual Property and has been published by this book supported file pdf, txt, epub, kindle and other format this book has been release on 2000 with Law categories.

Trademark Dilution

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Author : Amir Friedman
language : en
Publisher: Austin Macauley Publishers
Release Date : 2022-05-31

Trademark Dilution written by Amir Friedman and has been published by Austin Macauley Publishers this book supported file pdf, txt, epub, kindle and other format this book has been release on 2022-05-31 with Law categories.

The world has changed materially since the foundation of traditional trademark laws, according to which the purpose of a trademark was to serve as a differentiating source indicator, preventing source confusion in the marketplace. Traditionally, trademarks protected the public from likelihood of confusion, assisted in consumer decisions and reduced search costs. The need to award a special scope of protection to famous trademarks from use on non-competing goods was first discussed in Kodak in 1898, holding that the use of the word Kodak for a bicycle company does not mislead consumers but takes unfair advantage of reputation. However, the most significant point in the evolution of dilution, in its early stages, was the case of Odol decided in 1924, which was the first to acknowledge the need to protect the advertising power of trademarks from being diluted, even in the absence of a likelihood of confusion. This book will provide that dilution is a ‘sui generis’ brand remedy applicable to reputed trademarks in accordance to their aggregated inherent and acquired strength. The book will address the non-harmonised nature of dilution, which reflects a problem in an age of borderless trade and cyber commerce and emphasises the need to answer the question: To what extent should reputed trademarks be protected by dilution beyond the traditional trademark protection from likelihood of confusion? The book includes a proposal for an operative legal framework based on conclusions and distinctions derived from the comparison of dilution, as adopted and interpreted in different areas of the world, comparative case studies and comparison with neighbouring legal rights, such as Tort Law, Unfair Competition, Moral Rights, Equitable Rights, Publicity Rights and Unlawful Enrichment.

Rethinking Cyberlaw

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Author : Jacqueline Lipton
language : en
Publisher: Edward Elgar Publishing
Release Date : 2015-02-27

Rethinking Cyberlaw written by Jacqueline Lipton and has been published by Edward Elgar Publishing this book supported file pdf, txt, epub, kindle and other format this book has been release on 2015-02-27 with Law categories.

The rapid increase in Internet usage over the past several decades has led to the development of new and essential areas of legislation and legal study. Jacqueline Lipton takes on the thorny question of how to define the field that has come to be known

Law S Practical Wisdom

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Author : Dr Katerina Sideri
language : en
Publisher: Ashgate Publishing, Ltd.
Release Date : 2013-01-28

Law S Practical Wisdom written by Dr Katerina Sideri and has been published by Ashgate Publishing, Ltd. this book supported file pdf, txt, epub, kindle and other format this book has been release on 2013-01-28 with Law categories.

This book develops a sociological understanding of law making in the European Union. In particular, the book focuses on the social function of law in new governance structures promoting decentralized and flexible procedures that encourage deliberation, participation of stakeholders, and public dialogue. It pays attention to both the practical knowledge and the power relations underpinning law making, while seeking to bring to the foreground the importance of compromise in the process. The empirical substantiation of the argument discusses the regulation of technology in the European Union and is premised on case studies of governance of the Internet, patents of high technology, filters used on the Internet to block harmful material, trademark law and domain name dispute resolution by ICANN. To this effect, the book studies the dynamics of constructing a legal argument inside the European Commission, and its role in the process of coordinating the creation of networks, securing enforcement in self regulatory regimes, and steering activity on the part of autonomous groups of actors.

The Acta And The Plurilateral Enforcement Agenda

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Author : Pedro Roffe
language : en
Publisher: Cambridge University Press
Release Date : 2015

The Acta And The Plurilateral Enforcement Agenda written by Pedro Roffe and has been published by Cambridge University Press this book supported file pdf, txt, epub, kindle and other format this book has been release on 2015 with Law categories.

This book analyses the context and the content of ACTA and its relation with ongoing initiatives to improve enforcement of intellectual property.

Intellectual Property

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Author : Russell L. Parr
language : en
Publisher: John Wiley & Sons
Release Date : 2005-04-29

Intellectual Property written by Russell L. Parr and has been published by John Wiley & Sons this book supported file pdf, txt, epub, kindle and other format this book has been release on 2005-04-29 with Business & Economics categories.

This book is designed to simplify the process of attaching a dollar amount to intangible assets, be it for licensing, mergers and acquisitions, loan collateral, or investment purposes. It provides practical tools for evaluating the investment aspects of licensing and joint venture decisions, and discusses the legal, tax, and accounting practices and procedures related to such arrangements; examines the business economics of strategies involving intellectual property licensing and joint ventures; and provides analytical models that can be used to determine reasonable royalty rates for licensing and for determining fair equity splits in joint venture arrangements.

Internet And Online Law

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Author : Kent D. Stuckey
language : en
Publisher: Law Journal Press
Release Date : 1996

Internet And Online Law written by Kent D. Stuckey and has been published by Law Journal Press this book supported file pdf, txt, epub, kindle and other format this book has been release on 1996 with Computers categories.

This authoritative work describes the nature and growth of the law of the Internet and explains the legal obligations, opportunities, rights, and risks inherent in this complex medium.

Licensing Best Practices

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Author : Robert Goldscheider
language : en
Publisher: John Wiley & Sons
Release Date : 2002-10-29

Licensing Best Practices written by Robert Goldscheider and has been published by John Wiley & Sons this book supported file pdf, txt, epub, kindle and other format this book has been release on 2002-10-29 with Law categories.

A definitive resource for professionals in licensing and technologymanagement In this comprehensive guide to licensing best practices, esteemedmembers of the Licensing Executives Society International offerin-depth discussion of a broad range of important topics in thefield of licensing, including: * Licensing issues in Europe, Asia, Australia, the Middle East,South Africa, and Latin America * Technology valuation * Technology management consulting * Licensing agreements and strategic partnerships * The expansion of the licensing profession * Patent procedures and protection in Europe * Trade secrets law and intellectual property assets * Issues in copyright, software, and Web sites * Trademarks, trade names, and trade dress * Licensing in the biotechnology industry * Pharmaceutical licensing * University licensing trends * Technology rights that are financial assets and instruments * IC-based corporate carve-outs * Licensing and litigation * ADR