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Articles 1 - 6 of 6

Full-Text Articles in Law

Courts, Trademarks, And The Icann Gold Rush: No Free Speech In Top Level Domains, Jerome O'Callaghan, Paula O'Callaghan Dec 2019

Courts, Trademarks, And The Icann Gold Rush: No Free Speech In Top Level Domains, Jerome O'Callaghan, Paula O'Callaghan

Loyola of Los Angeles Entertainment Law Review

In recent years, the Internet Corporation for Assigned Names and Numbers (ICANN) expanded top-level domains, such as .com, .net, and .org, to include a very wide variety of new terms. One of the new options is .sucks. This Article examines the potential for conflict when trademark holders seek to protect their mark in the context of the .sucks domain. There is a temptation to see this issue in terms of consumers’ free speech rights pitted against corporate interests. However, the recent privatization of ICANN does not bode well for promoting consumers’ First Amendment rights in domain name battles.


Genericness Doctrine Need Not Apply: Employing Generic Domain Names In Cyberspace., C. Kim Lee Mar 2004

Genericness Doctrine Need Not Apply: Employing Generic Domain Names In Cyberspace., C. Kim Lee

Fordham Intellectual Property, Media and Entertainment Law Journal

No abstract provided.


Beyond The Cheese: Discerning What Causes Dilution Under 15 U.S.C. 1125(C)–A Recomendation To Whittle Away The Liberal Application Of Trademark Dilution To Internet Domain Names, Matthew D. Caudill Dec 2002

Beyond The Cheese: Discerning What Causes Dilution Under 15 U.S.C. 1125(C)–A Recomendation To Whittle Away The Liberal Application Of Trademark Dilution To Internet Domain Names, Matthew D. Caudill

Fordham Intellectual Property, Media and Entertainment Law Journal

No abstract provided.


Domain Name Disputes Under The Acpa In The New Millennium: When Is Bad Faith Intent To Profit Really Bad Faith And Has Anything Changed With The Acpa’S Inception? , Adam Silberlight Dec 2002

Domain Name Disputes Under The Acpa In The New Millennium: When Is Bad Faith Intent To Profit Really Bad Faith And Has Anything Changed With The Acpa’S Inception? , Adam Silberlight

Fordham Intellectual Property, Media and Entertainment Law Journal

No abstract provided.


Icann't Do It Alone: The Internet Corporation For Assigned Names And Numbers And Content-Based Problems On The Internet, Peter T. Holsen Jan 2002

Icann't Do It Alone: The Internet Corporation For Assigned Names And Numbers And Content-Based Problems On The Internet, Peter T. Holsen

Marquette Intellectual Property Law Review

Mr. Holsen discusses the history and development of the Internet Corporation for Assigned Names and Numbers (ICANN), which is a non-profit corporation that privately manages the Internet. He asserts that United States law does not properly support ICANN in its mission to solve the complex problems facing the Internet. One of the most important issues facing the Internet is the fact that adult-orientated materials are commonly and easily accessed by young children. Mr. Holsen feels that Congress needs to set standards by which ICANN can better categorize the adult materials on the Internet, but at the same time not infringe …


The Rise And Fall Of Fences: The Overbroad Protection Of The Anticybersquatting Consumer Protection Act , Jonathan M. Ward Jan 2001

The Rise And Fall Of Fences: The Overbroad Protection Of The Anticybersquatting Consumer Protection Act , Jonathan M. Ward

Marquette Intellectual Property Law Review

Jonathan Ward discusses viability of two means for resolution of disputes related to cybersquatting. Cybersquatting occurs when a party registers a domain name that contains someone else's trademark and then attempts to profit by selling or licensing the name to that party. Cybersquatting tends to be classified as direct cybersquatting and typosquatting, and actions involving domain name conflicts fall in four categories: 1) trademark infringement, 2) confusion of source, 3) dilution of a famous mark, and 4) bad faith registration. Recognizing the growing issue of cybersquatting, Congress passed the Anitcybersquatting Consumer Protection Act in 1999, which provided a litigious avenue …