Domain Name Law and Practice: An International Handbook

by Torsten Bettinger (Editor), Allegra Waddell (Editor)

Overview

An established authority in the field, this work provides comprehensive analysis of the law and practice relating to internet domain names at an international level, combined with a detailed survey of the 36 most important domain name jurisdictions worldwide, including the US, UK, Germany, France, Italy, Netherlands, Japan, China, Singapore, Russia, Canada, and Australia, and new chapters on Israel, Mexico, South Korea, Brazil, Colombia, Portugal, and South Africa. The survey includes extensive country-by-country analysis of how domain names relate to existing trade mark law, and upon the developing case law in the field, as well as the alternative dispute resolution procedures. In its second edition, this work analyses, in depth, key developments in the field including ICANN's new gTLD program. The program, introducing more than 700 new top-level domains, will have far-reaching consequences for brand name industries worldwide and for usage of the internet. The complicated application process is considered in detail as well as filing and review procedures, the delegation process, the role and function of the Trademark Clearing House and the Sunrise and Trademark Claims Services, dispute resolution, and new rights protection mechanisms. Other developments covered include new registration processes such as the use of privacy and proxy services, as well as the expansion of the scope of internationalized domain names, including the addition of a number of generic top-level domains such as ".tel" and ".travel". Also considered are developments relating to the Uniform Domain Name Dispute Resolution Policy (UDRP) in terms of the nature of cases seen under the Policy and the number of cases filed, as well as the recent paperless e-UDRP initiative. The Uniform Rapid Suspension System, working alongside the UDRP in the new gTLD space, is also discussed in a new chapter on this process. Giving detailed information about the registration of domain names at national, regional and international levels, analysis of the dispute resolution processes at each of those levels, and strategic guidance on how to manage domain names as part of an overall brand strategy, this leading work in international domain name law is essential reading for practitioners in the field.

Product Details

ISBN-13:	9780191640063
Publisher:	OUP Oxford
Publication date:	11/26/2015
Sold by:	Barnes & Noble
Format:	eBook
File size:	19 MB
Note:	This product may take a few minutes to download.

About the Author

Torsten Bettinger is a partner with the patent attorneys and attorney-at law chambers of Bettinger Scheffelt Kobiako von Gamm in Munich. He advises in all fields of intellectual property and specializes in the creation of global trademark and branding strategies, programs to protect intellectual property rights against infringement, unfair competition and copyright. He has counseled clients on cutting-edge issues such as the new generic top-level domain (gTLD) program, including drafting and prosecuting new gTLD applications and developing advocacy and enforcement strategies in this space. As counsel and as WIPO Arbitration and Mediation Center panelist, Mr Bettinger has been involved in decisions on numerous domain name conflicts based on the Uniform Domain Name Dispute Resolution Policy and similar processes for country code top-level domains (ccTLDs). Allegra Waddell is an intellectual property attorney. She is barred in Missouri, United States, and is registered to practice before the US Patent and Trademark Office. Before beginning work as a private legal consultant on UDRP-related matters, Allegra served several years on the Legal Staff of the Domain Name Dispute Resolution Section of WIPO's Arbitration and Mediation Center. During her time at WIPO, she was involved in the drafting of the electronic version of the UDRP Rules approved by ICANN in October 2009, served as the WIPO contact to the CentralNic registry regarding its third-level registration policy, and was heavily involved in the research for and drafting of the second edition of theWIPO Overview of WIPO Panel Views on Selected UDRP Decisions released in February 2011.

Table of Contents

Introduction, Torsten BettingerPart I - The Domain Name SystemA. The Structure and Organization of the Domain Name System, Torsten BettingerB. Organizational structure and functions of the Internet Coporation for Assigned Names and Numbers (ICANN), Torsten BettingerC. Registration Procedures and Dispute Resolution for the original gTLDs, Torsten BettingerD. ICANN's New gTLD Program, Torsten Bettinger and Mike RodenbaughE. Country Code Top Level Domains (ccTLDs), Torsten BettingerF. The European Top Level Domain ".eu", Torsten BettingerG. Domain Name Industry, Jannik SkouH. Corporate Domain Name Management, Jannik SkouI. Statistics, Torsten BettingerPart II - National Law Protection SystemsAustralia, Alistair Payne and David FixlerAustria, Robert Chmilewsky-LehnerBelgium, Alain StrowelBrazil, Eduardo MachadoCanada, Eric MacramallaChina, Lian Yunze and Liu YupingColombia, Daniel PenaCzech Republic and Slovakia, Ladislav JaklDenmark, Knud WallbergEgypt, Mohamed-Hossam LoutfiFinland, George SouterFrance, David TaylorGermany, Torsten BettingerGreece, Apostolos ChronopoulosHong Kong, Hong XueIndia, Pravin AnandIreland, James BridgemanIsrael, Ellen ShankmanItaly, Philipp FabbioJapan, Makoto HattoriMexico, Kiyoshi TsuruNetherlands, Adonna AlkemaNorway, Kristine CeliusPoland, Justyna Ozegalski-TrybalskaPortugal, Goncalo da Cunha FerreiraRussian Federation, Iouri Kobiako V. GammSingapore, Tan Tee JimSouth Africa, Charne Le RouxSouth Korea, Ho-Hyun NahmSpain, Albert AgustinoySweden, Petter RindforthSwitzerland, Gallus JollerTurkey, Mustafa AksuUnited Kingdom, Dawn Osborne and Steve PalmerUnited States, William R. TownsPart III - Dispute Resolution ProceduresA. Uniform Domain Name Dispute Resolution Policy and Procedure, Torsten Bettinger and Allegra WaddellB. Alternative Dispute Resolution for .EU, Torsten BettingerC. Trademark Clearing House, Sunrise Procedures and the Trademark Claims Service, Dr Hong XueD. Trademark Post-Delegation Dispute Resolution Policy, David TaylorE. Other Policies Applicable to gTLD spaces, Torsten BettingerPart IV - The Joint RecommendationThe Joint Recommendation Concerning Provisions on the Protection of Marks and Other Industrial Signs on the Internet, Torsten BettingerPart V - Country OverviewsTable of Country Overviews, Torsten Bettinger