The Clash of Trademarks and Domain Names on the Internet (Paperback) (ISBN-13: 9780991582952)

The Clash of Trademarks and Domain Names on the Internet: Combating Cybersquatting and Protecting Rights by Gerald M. Levine is the definitive guide to the intersection of intellectual property rights and domain names. This comprehensive book delves deeply into the complex landscape of cybersquatting claims and defenses, offering an exploration of the two legal mechanisms that emerged in late 1999: the Uniform Domain Name Dispute Resolution Policy (UDRP) an online arbitral regime implemented by the Internet Corporation for Assigned Names and Numbers (ICANN), and the Anticybersquatting Consumer Protection Act (ACPA) enacted immediately after that by the US Congress. Through its meticulously organized chapters, the book offers a detailed exploration of the unanticipated conflicts between trademark owners and registrants for domain names that, by intention or happenstance, correspond to trademarks. There is a significant market for the sale of non-infringing domain names. Levine critically examines the necessity for novel legal frameworks to address domain name disputes, shedding light on the intricacies of legislating laws to combat cybersquatting while at the same time protecting the legitimate rights and interests of registrants acquiring domain names in good faith.In 1999, there was no law on cybersquatting. Today, there is a mature jurisprudence. The book stands out for its extensive analysis of this development. Levine provides a balanced view, detailing the legal principles arising from the thousands of reasoned decisions filed in UDRP disputes and illuminating the underlying market dynamics and practical realities that shape the law's application. It scrutinizes the practical aspects of commencing and defending UDRP proceedings, the diminished role of the WHOIS directory, and the impact of the European Union's enactment of the General Data Protection Regulation (GDPR) on domain name disputes.The Clash of Trademarks and Domain Names on the Internet is both a philosophical overview and a practical guide to an understanding of both the jurisprudence and the evidentiary demands for proof of cybersquatting. Levine's insights are invaluable for navigating the complex interplay among trademarks, domain names, and cybersquatting, offering trademark owners, their representatives, domain name registrants, and their representatives the tools to successfully engage in this evolving field.