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Domain Names - Strategies and Legal Aspects
Domain Names - Strategies and Legal Aspects
ISBN:  9780414039520
Published by:  Sweet & Maxwell
Publication Date:  18 Mar 2015
Format:  Hardback
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PRODUCT DESCRIPTION

Domian Names provides a legal primer for in-house counsel grappling with domain names and a reference for IP and IT solicitors seeking to gain a deeper understanding of this fast-moving topic .

  • Covers the key differences and similarities between a trademark and a domain name, and other intersections between domain name law and IP law
  • Sets out the online infrastructure in which domain names operate, including protocol, DNS, gTLDs and ccTLDs Details the international legal system of registry which governs domain names, including ICANN, DoC, and all the international registries which operate gTLDs and ccTLDs
  • Analyses the legal definition of a domain name in the context of trademark law
  • Advises on strategy regarding top level domain selection, SEO, which registrars to use, and how to negotiate with existing domain name holders
  • Covers unregistered rights, infringement sanctions, termination, service marks and descriptive marks
  • Covers commercial and legal arrangements consequent of domain names i.e. leasing, purchase contracts, auctions, migration, monitoring, and importantly how to respond to an infringement
  • Examines the dispute resolution options available to aggrieved parties in domain name disputes in different countries including Australia, France, Germany, Norway, Denmark, the UK and Ireland
  • Explains dispute routes including the legal rights objection, trademark clearinghouse, uniform rapid suspension system, post-delegation disputes, trademark post-delegation disputes, registration restriction disputes and public interest commitments disputes
  • Details the tax apparatus surrounding domain names Includes and refers to key case law across multiple jurisdictions including the EU and US
CONTENTS

CONTENTS

  • Preface
  • List of Abbreviations
  • Domain Names and the internet
  • The system
  • Intellectual properties and Domain Names
  • Strategies
  • Dispute resolution services
  • What happens after a dispute
  • Sources
  • Governmental documents
  • Literature
  • Articles
  • Internet Cases
  • EU decisions
  • District court decisions
  • Norway
  • USA
  • Domain name disputes
  • Index
CONTRIBUTOR INFORMATION

ABOUT THE AUTHORS

Jeanette Söderlund Sause is a lawyer specialising in domain name law, and has successfully handled a great number of disputes under national and international domain name dispute resolution systems. She is also a domain name industry consultant with experience at corporate, registrar and registry levels, focusing on acquisitions, transfers, registrations and strategies, and is active in the expansion of the internet name space as part of the international team launching and operating the new global top-level domain.

Malin Edmar is an attorney engaged in IP rights, including domain names, IT and e-commerce law. She drives large, complicated negotiations, and mediations in relation to dispute resolution. Malin drafts and negotiates agreements related to IT or IP rights. She worked at Microsoft in the US, providing legal services around product development, launches and online services. As a member of the IT Law Observatory of the government-appointed Swedish ICT Commission, she influenced implementation of EU directives resulting in the Personal Data Act, the Law on Responsibilities for Internet Information Providers, the Law on Distance Contracts and the Law on Electronic Trade.

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