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Articles 1 - 13 of 13
Full-Text Articles in Law
A Foreign Outlook On Satyam Infoway Ltd. V. Siffynet Solutions Pvt. Ltd., Cédric Manara
A Foreign Outlook On Satyam Infoway Ltd. V. Siffynet Solutions Pvt. Ltd., Cédric Manara
Indian Journal of Law and Technology
Even after ten years of domain name disputes all over the world, there have been very few rulings by supreme courts and all of them are recent. The scarcity of authoritative decisions regarding domain names means that the judgment of the Supreme Court of India in Satyam Infoway Ltd. v. Siffynet Solutions Pvt. Ltd. is of significant interest.
Private Property For Public Use: The Federal Trademark Dilution Act And Anticybersquatting Consumer Protection Act As Violations Of The Fifth Amendment Takings Clause, Brian C. Smith
Journal of Intellectual Property Law
No abstract provided.
Does The Lanham Act Lose Meaning For Companies That Operate Exclusively Over The Internet?, Sheila D. Rizzo
Does The Lanham Act Lose Meaning For Companies That Operate Exclusively Over The Internet?, Sheila D. Rizzo
Journal of Intellectual Property Law
This Note will examine the differences between trademark registration and domain name registration, focusing specifically on the terms an applicant may register, the rights associated with those registrations, and the manner in which a registrant may lose, assign, and enforce those rights so that others my not use the same registered terms. This Note will also suggest that a company operating exclusively over the internet may obtain greater rights, and therefore protection, than a typical bricks and mortar company, simply by registering its domain name, and not trademark status.
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.
Domain Name Allocation And Government Super-Prioritization, Heather A. Forrest
Domain Name Allocation And Government Super-Prioritization, Heather A. Forrest
Vanderbilt Journal of Entertainment & Technology Law
Governments' growing awareness of the Domain Name System (DNS), the Internet Corporation for Assigned Names and Numbers (ICANN), and its stewardship of DNS policy development fuel recent attempts to steer Internet domain name allocation toward policies that prioritize government interests ahead of all other rights and interests, including trademark rights. As the DNS expands, the top level in its hierarchical structure (the level of domains such as ".com" and ".uk") assumes the characteristics and attributes, and therefore also the conflicts and challenges, of its second level (the level of public-registered names). This Article argues that these developments necessitate a new, …
Implementing An Online Dispute Resolution Scheme: Using Domain Name Registration Contracts To Create A Workable Framework, Michael G. Bowers
Implementing An Online Dispute Resolution Scheme: Using Domain Name Registration Contracts To Create A Workable Framework, Michael G. Bowers
Vanderbilt Law Review
Online businesses have grown tremendously in the past decade. As a larger percentage of the U.S. economy moves onto the Internet, a larger percentage of people doing business online will find themselves disagreeing with each other. How those disputes are resolved presents an ongoing challenge in a world where traditional ordering mechanisms, like geographical boundaries, become increasingly antiquated. As contracts are formed across state and national lines, dispute resolution systems built around spatial locations become ever more unwieldy. The complications and costs of securing a favorable decision from a far-off decisionmaking body make reliance on geographic-based systems exceedingly difficult. Out …
Can A State Seize An Internet Gambling Website's Domain Name? An Analysis Of The Kentucky Case, Kirk D. Homeyer
Can A State Seize An Internet Gambling Website's Domain Name? An Analysis Of The Kentucky Case, Kirk D. Homeyer
UNLV Gaming Law Journal
The newly developed Internet gambling forum has produced myriad legal issues affecting state, federal, and international law. The difficulty in addressing the issues arises from the ubiquity of the Internet. Based on an analysis of the Kentucky Case, this Note argues that a state cannot seize an Internet gambling website’s domain name for violating that state’s laws. First, Kentucky did not have personal jurisdiction over the gambling domain names’ registrars to have authority to seize them. Second, Kentucky’s gambling statute violates the Commerce Clause. Part II provides background to and the facts underlying the Kentucky Case and its procedural …
Does It Really Suck?: The Impact Of Cutting-Edge Marketing Tactics On Internet Trademark Law And Gripe Site Domain Name Disputes, Mindy P. Fox
Fordham Intellectual Property, Media and Entertainment Law Journal
No abstract provided.
A Barcelona.Com Analysis: Toward A Better Model For Adjudication Of International Domain Name Disputes, Zohar Efroni
A Barcelona.Com Analysis: Toward A Better Model For Adjudication Of International Domain Name Disputes, Zohar Efroni
Fordham Intellectual Property, Media and Entertainment Law Journal
No abstract provided.
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.
Problems Arising Out Of The Use Of "Www.Trademark.Com": The Application Of Principles Of Trademark Law To Internet Domain Name Disputes, Michael B. Landau
Problems Arising Out Of The Use Of "Www.Trademark.Com": The Application Of Principles Of Trademark Law To Internet Domain Name Disputes, Michael B. Landau
Georgia State University Law Review
No abstract provided.
The Name Is Not Always The Same, Neal J. Friedman, Kevin Siebert
The Name Is Not Always The Same, Neal J. Friedman, Kevin Siebert
Seattle University Law Review
This Article explores the present Internet addressing system, the history of trademark disputes on the Internet, and proposals for resolving these disputes. Part I provides a brief history of the Internet, discusses its addressing system, and explains the use of domain names as identifiers for companies on the Internet. Part II introduces the current system for registering Internet domain names and the problems associated with its structure. Part III gives a brief background of trademark law and tracks the evolution of disputes that have arisen as a result of the intersection of the Internet and trademark law. Finally, Part IV …
The Internet: Is It Broadcasting?, Jonathan I. Ezor, Peter Brown, Peggy Miles
The Internet: Is It Broadcasting?, Jonathan I. Ezor, Peter Brown, Peggy Miles
Touro Law Review
No abstract provided.