Open Access. Powered by Scholars. Published by Universities.®
- Discipline
-
- Intellectual Property Law (17)
- Internet Law (8)
- Communications Law (4)
- Dispute Resolution and Arbitration (4)
- Computer Law (3)
-
- Law and Society (3)
- Business (2)
- Constitutional Law (2)
- First Amendment (2)
- Anthropology (1)
- Bankruptcy Law (1)
- Commercial Law (1)
- Communication (1)
- Communication Technology and New Media (1)
- Comparative and Foreign Law (1)
- Economics (1)
- Entertainment, Arts, and Sports Law (1)
- Entrepreneurial and Small Business Operations (1)
- Finance (1)
- Law and Politics (1)
- Legal History (1)
- Legislation (1)
- Marketing (1)
- Political Economy (1)
- Property Law and Real Estate (1)
- Science and Technology Law (1)
- Social Influence and Political Communication (1)
- Social and Behavioral Sciences (1)
- Social and Cultural Anthropology (1)
- Institution
-
- University of Pittsburgh School of Law (4)
- University of Georgia School of Law (3)
- Marquette University Law School (2)
- Boston University School of Law (1)
- Fordham Law School (1)
-
- Maurer School of Law: Indiana University (1)
- Pepperdine University (1)
- Selected Works (1)
- SelectedWorks (1)
- The University of Akron (1)
- University of Miami Law School (1)
- University of Nevada, Las Vegas -- William S. Boyd School of Law (1)
- University of South Carolina (1)
- University of Washington School of Law (1)
- Washington and Lee University School of Law (1)
- William & Mary Law School (1)
- Publication Year
- Publication
-
- Articles (5)
- Journal of Intellectual Property Law (3)
- Marquette Intellectual Property Law Review (2)
- Akron Law Faculty Publications (1)
- Cheng L. SAW (1)
-
- Faculty Publications (1)
- Faculty Scholarship (1)
- Federal Communications Law Journal (1)
- Fordham Intellectual Property, Media and Entertainment Law Journal (1)
- Jacqueline D Lipton (1)
- Nevada Law Journal (1)
- Pepperdine Dispute Resolution Law Journal (1)
- University of Miami International and Comparative Law Review (1)
- Washington and Lee Law Review (1)
- William & Mary Bill of Rights Journal (1)
- Publication Type
Articles 1 - 22 of 22
Full-Text Articles in Law
Notice And Takedown In The Domain Name System: Icann’S Ambivalent Drift Into Online Content Regulation, Annemarie Bridy
Notice And Takedown In The Domain Name System: Icann’S Ambivalent Drift Into Online Content Regulation, Annemarie Bridy
Washington and Lee Law Review
No abstract provided.
Can China Protect The Olympics, Or Should The Olympics Be Protected From China?, Jennifer L. Donatuti
Can China Protect The Olympics, Or Should The Olympics Be Protected From China?, Jennifer L. Donatuti
Journal of Intellectual Property Law
No abstract provided.
The Fifty-Eight Proceedings: Domain Name Disputes, Korean Parties, And Wipo Three-Member Panels, Ilhyung Lee
The Fifty-Eight Proceedings: Domain Name Disputes, Korean Parties, And Wipo Three-Member Panels, Ilhyung Lee
University of Miami International and Comparative Law Review
No abstract provided.
Passing The Virtual Buck: How The Ninth Circuit Used Contributory Trademark Law To Expand Liability For Web Hosts, Alessandra Backus
Passing The Virtual Buck: How The Ninth Circuit Used Contributory Trademark Law To Expand Liability For Web Hosts, Alessandra Backus
Journal of Intellectual Property Law
No abstract provided.
I Cann't Believe It's Not Better: Why New Gtlds Aer Bad For Brand Owners And Trademark Law, Alexandra Morgan Joseph
I Cann't Believe It's Not Better: Why New Gtlds Aer Bad For Brand Owners And Trademark Law, Alexandra Morgan Joseph
Journal of Intellectual Property Law
No abstract provided.
Bad Faith In Cyberspace: Grounding Domain Name Theory In Trademark, Property, And Restitution, Jacqueline D. Lipton
Bad Faith In Cyberspace: Grounding Domain Name Theory In Trademark, Property, And Restitution, Jacqueline D. Lipton
Akron Law Faculty Publications
The year 2009 marks the tenth anniversary of domain name regulation under the Anti-Cybersquatting Consumer Protection Act (ACPA) and the Uniform Domain Name Dispute Resolution Policy (UDRP). Adopted to combat cybersquatting, these rules left a confused picture of domain name theory in their wake. Early cybersquatters registered Internet domain names corresponding with other’s trademarks to sell them for a profit. However, this practice was quickly and easily contained. New practices arose in domain name markets, not initially contemplated by the drafters of the ACPA and the UDRP. One example is clickfarming – using domain names to generate revenues from click-on …
Trademark Owner's Strategy: Litigation Versus The Udrp, Jessica Sganga
Trademark Owner's Strategy: Litigation Versus The Udrp, Jessica Sganga
Pepperdine Dispute Resolution Law Journal
The article offers information on the enactment, development, and significance of the Lanham Act, the Federal Trademark Diluting Act (FTDA), the Anticybersquatting Consumer Protection Act (ACPA), and the Uniform Domain-Name Dispute-Resolution Policy (UDRP) to address the challenges arising out of the domain name registration process in the U.S. It informs that these acts provides assistance in safeguarding the rights of trademark owners against the domain name registrants.
Internet Outlaws: Knowingly Placing Ads On Parked Domain Names Invokes Contributory Trademark Liability, Ariane C. Strombom
Internet Outlaws: Knowingly Placing Ads On Parked Domain Names Invokes Contributory Trademark Liability, Ariane C. Strombom
Marquette Intellectual Property Law Review
None.
The Anticybersquatting Consumer Protection Act And The Uniform Domain Name Dispute Resolution Policy The First Decade: Looking Back And Adapting Forward, Tenesa S. Scaturro
The Anticybersquatting Consumer Protection Act And The Uniform Domain Name Dispute Resolution Policy The First Decade: Looking Back And Adapting Forward, Tenesa S. Scaturro
Nevada Law Journal
No abstract provided.
Law Of Intellectual Property, Cheng Lim Saw
Bad Faith In Cyberspace: Grounding Domain Name Theory In Trademark, Property And Restitution, Jacqueline D. Lipton
Bad Faith In Cyberspace: Grounding Domain Name Theory In Trademark, Property And Restitution, Jacqueline D. Lipton
Articles
The year 2009 marks the tenth anniversary of domain name regulation under the Anti-Cybersquatting Consumer Protection Act (ACPA) and the Uniform Domain Name Dispute Resolution Policy (UDRP). Adopted to combat cybersquatting, these rules left a confused picture of domain name theory in their wake. Early cybersquatters registered Internet domain names corresponding with others’ trademarks to sell them for a profit. However, this practice was quickly and easily contained. New practices arose in domain name markets, not initially contemplated by the drafters of the ACPA and the UDRP. One example is clickfarming – using domain names to generate revenues from click-on …
Bad Faith In Cyberspace: Grounding Domain Name Theory In Trademark, Property, And Restitution, Jacqueline Lipton
Bad Faith In Cyberspace: Grounding Domain Name Theory In Trademark, Property, And Restitution, Jacqueline Lipton
Jacqueline D Lipton
The year 2009 marks the tenth anniversary of domain name regulation under the Anti-Cybersquatting Consumer Protection Act (ACPA) and the Uniform Domain Name Dispute Resolution Policy (UDRP). Adopted to combat cybersquatting, these rules left a confused picture of domain name theory in their wake. Early cybersquatters registered Internet domain names corresponding with other’s trademarks to sell them for a profit. However, this practice was quickly and easily contained. New practices arose in domain name markets, not initially contemplated by the drafters of the ACPA and the UDRP. One example is clickfarming – using domain names to generate revenues from click-on …
Celebrity In Cyberspace: A Personality Rights Paradigm For Personal Domain Name Disputes, Jacqueline D. Lipton
Celebrity In Cyberspace: A Personality Rights Paradigm For Personal Domain Name Disputes, Jacqueline D. Lipton
Articles
When the Oscar-winning actress, Julia Roberts, fought for control of the domain name, what was her aim? Did she want to reap economic benefits from the name? Probably not, as she has not used the name since it was transferred to her. Or did she want to prevent others from using it on either an unjust enrichment or a privacy basis? Was she, in fact, protecting a trademark interest in her name? Personal domain name disputes, particularly those in the space, implicate unique aspects of an individual's persona in cyberspace. Nevertheless, most of the legal rules developed for these disputes …
Who Owns 'Hillary.Com'? Political Speech And The First Amendment In Cyberspace, Jacqueline D. Lipton
Who Owns 'Hillary.Com'? Political Speech And The First Amendment In Cyberspace, Jacqueline D. Lipton
Articles
In the lead-up to the next presidential election, it will be important for candidates both to maintain an online presence and to exercise control over bad faith uses of domain names and web content related to their campaigns. What are the legal implications for the domain name system? Although, for example, Senator Hillary Clinton now owns "hillaryclinton.com", the more generic "hillary.com" is registered to a software firm, Hillary Software, Inc. What about "hillary2008.com"? It is registered to someone outside the Clinton campaign and is not currently in active use. This article examines the large gaps and inconsistencies in current domain …
The Constitutional Failing Of The Anticybersquatting Act, Ned Snow
The Constitutional Failing Of The Anticybersquatting Act, Ned Snow
Faculty Publications
Eminent domain and thought control are occurring in cyberspace. Through the Anticybersquatting Consumer Protection Act (ACPA), the government transfers domain names from domain-name owners to private parties based on the owners' bad-faith intent. The owners receive no just compensation. The private parties who are recipients of the domain names are trademark holders whose trademarks correspond with the domain names. Often the trademark holders have no property rights in those domain names: trademark law only allows mark holders to exclude others from making commercial use of their marks; it does not allow mark holders to reserve the marks for their own …
Beyond Cybersquatting: Taking Domain Name Disputes Past Trademark Policy, Jacqueline D. Lipton
Beyond Cybersquatting: Taking Domain Name Disputes Past Trademark Policy, Jacqueline D. Lipton
Articles
All good 'cyberlawyers' know that in the late 1990s, legal and regulatory measures were adopted, both at the domestic and international level to address the then-growing problem of 'cybersquatting': that is, the registration of often multiple domain names corresponding to valuable corporate trademarks with the intention of extorting high prices from the trademark owners for transferring the names to them. Since 1999, the Uniform Domain Name Dispute Resolution Policy ('UDRP') in particular, complemented by the Anti-Cybersquatting Consumer Protection Act ('ACPA'), has been very successful in combating this practice. Unfortunately, since the late 1990s, there has been little movement towards developing …
Intellectual Property Law, Wendy J. Gordon
Intellectual Property Law, Wendy J. Gordon
Faculty Scholarship
This chapter for the OXFORD HANDBOOK ON LEGAL STUDIES provides an overview of the theoretical literature in Intellectual Property, and suggests directions for further study. The emphasis is on economic analysis, but effort is made to embrace other perspectives as well.
Cyberproperty And Judicial Dissonance: The Trouble With Domain Name Classification, Xuan-Thao Nguyen
Cyberproperty And Judicial Dissonance: The Trouble With Domain Name Classification, Xuan-Thao Nguyen
Articles
The nature of cyberspace continues to be woven into the fabric of our daily existence. Not surprisingly, cyberspace and the expansion of e-commerce pose challenges to existing law, particularly the legal definition of cyberproperty domain names. The nature of cyberspace allows many e-companies to possess no traditional assets such as buildings and inventories. Some e-companies own few computers, often using service providers to maintain their web sites. In the virtual space that e-companies inhabit, the primary assets that e-companies own are intangibles such as domain names, customer information, and intellectual property that includes business method patents, copyrights, and trademarks.
Domain …
The Best Laid Plans: How Unrestrained Arbitration Decisions Have Corrupted The Uniform Domain Name Dispute Resolution Policy, Ian L. Stewart
The Best Laid Plans: How Unrestrained Arbitration Decisions Have Corrupted The Uniform Domain Name Dispute Resolution Policy, Ian L. Stewart
Federal Communications Law Journal
In the rapidly changing Internet age, a sound dispute resolution policy is needed to address conflict where traditional rights intersect emerging technologies. This Note examines how unfettered arbitration decisions, even those made with the best of intentions, can corrupt a good dispute resolution policy, as is the case with the Uniform Domain Name Dispute Resolution Policy. The Note provides background information on ICANN, domain disputes regarding cybersquatting and reverse domain hijacking, and the Policy. It then explains how ICANN’s dispute resolution providers’ expansive decisions have weakened the Policy by removing the internal limitations that made it strong and effective. Finally, …
Drawing A Line In The Congressional Sand Between Congress And The Foreign Citizen "Cybersquatter", Heather A. Forrest
Drawing A Line In The Congressional Sand Between Congress And The Foreign Citizen "Cybersquatter", Heather A. Forrest
William & Mary Bill of Rights Journal
"Cybersquatting" on the Internet is a phenomenon that has warranted an amendment to the Trademark Dilution Act of the Lanham Act. The undisputed omnipresence of the Internet, as well as the boundless possibilities of infringement activity on the Internet, has made such an amendment inevitable, as well as necessary. Congress' power to regulate trademark infringement activity, whether traditionally or on the Internet, relies on the Commerce Clause of the United States Constitution. The author asserts that participation in the Internet domain name registration process itself does not constitute the "commercial activity in commerce" requirement of the Trademark Dilution Act; in …
The Rise And Fall Of Fences: The Overbroad Protection Of The Anticybersquatting Consumer Protection Act , Jonathan M. Ward
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 …
Virtual Reality: Can We Ride Trademark Law To Surf Cyberspace, David Yan
Virtual Reality: Can We Ride Trademark Law To Surf Cyberspace, David Yan
Fordham Intellectual Property, Media and Entertainment Law Journal
No abstract provided.