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Book Cover for: The Clash of Trademarks and Domain Names on the Internet, Gerald M. Levine

The Clash of Trademarks and Domain Names on the Internet

Gerald M. Levine

Paperback
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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.

Book Details

  • Publisher: Legal Corner Press, LLC
  • Publish Date: Mar 7th, 2024
  • Pages: 826
  • Language: English
  • Edition: undefined - undefined
  • Dimensions: 10.00in - 7.00in - 2.24in - 3.10lb
  • EAN: 9780991582952
  • Categories: • Intellectual Property - Trademark

About the Author

Nahitchevansky, Georges: - Georges Nahitchevansky is a partner in the law firm of Kilpatrick Townsend & Stockton LLP. He concentrates his practice in litigation and counseling on trademark, copyright, and Internet matters and issues across a broad spectrum of industries in the U.S. and internationally. He has extensive experience in handling U.S. and worldwide trademark, copyright, and Internet enforcement and disputematters, including complex cross-border and multi-jurisdictional disputes. He also advises and counsels on online enforcement programs, domain name registration and acquisition programs, and U.S. and worldwide strategies for brand enforcement and protection. He is a WIPO Panelist for cases brought under the UDRP.
Levine, Gerald M.: - Gerald M. Levine is a distinguished legal scholar and practicing attorney whose work centers on the complex realms of intellectual property, domain names, trademarks, and cybersquatting. His expertise and authoritative insights are distilled in seminal works, including "Domain Name Arbitration: A Practical Guide to Asserting and Defending Claims of Cybersquatting" and the more recent "The Clash of Trademarks and Domain Names on the Internet: Combating Cybersquatting and Protecting Rights." His commitment to fostering an understanding of IP law as it applies to trademarks and domain names on the Internet and the law's evolving nature is evident in his extensive publication record, which features numerous articles on trademarks, domain names, cybersquatting, and arbitration issues.Gerald Levine's profound understanding of the dynamic interplay between law and technology is not just theoretical but deeply practical. His work provides a critical framework for navigating the intricacies of cybersquatting, especially in the context of the Uniform Domain Name Dispute Resolution Policy (UDRP), offering invaluable insights to practicing attorneys, arbitrators, and scholars alike.His work is notable for its practical application and relevance in today's digital age. His insights provide a robust framework for practitioners navigating the complexities of cybersquatting and IP law, making his publications useful for attorneys, arbitrators, and scholars.Levine's dedication to his field, extensive experience, and thoughtful analysis make him a pivotal figure in intellectual property and domain name law discourse. His work illuminates the legal landscape and guides professionals in safeguarding intellectual property rights in an increasingly digital world.In 2022, his exceptional dedication and domain name law scholarship were recognized when he was honored with a Lifetime Achievement Award by the Internet Commerce Association, underscoring his profound influence on the exploration and development of UDRP jurisprudence.

Praise for this book

This is a remarkable, and timely, book that should be required reading for newcomers to the

UDRP and a valuable resource for experienced UDRP litigators and panelists, in particular

thanks to the book's detailed indexes. Richard Hill, Hill & Associates, Geneva


This important treatise is a comprehensive resource on domain name law. While it focuses on

UDRP cases many domain name disputes arise in ccTLD jurisdictions and handled under

policies adapted from the UDRP (such as auDRP and CDRP, respectively). This two-volume

set will also be of immense value for practitioners and panelists in these jurisdictions.

Thomas Manson, K.C., Vancouver, Canada, CIIDRC and CIETAC Panelist


Gerald Levine's Clash is a tremendous contribution to domain name law that I expect will

benefit all deeply engaged in the UDRP process. Zak Muscovitch, General Counsel, Internet

Commerce Association


[Clash] is extremely valuable [and] bound to prove useful to busy practitioners.

Andrew D S Lothian, UDRP Panelist, and Independent ADR


Anyone working with UDRP and rights protection mechanisms will benefit from this book.

Levine's depth on the nuances of navigating the odd but necessary frictions between

Trademarks and Domain Names hold great value to anyone dealing with domain names.

Jothan Frakes, CEO of PLISK.COM, Vice Chair, TechOps of the ICANN Registrar Stakeholder

Group and co-founder of the popular NamesCon and MERGE conferences


For attorneys who regularly, or even occasionally, handle domain name disputes, Gerald

Levine's Clash is an indispensable resource that should serve as a desk reference bookend to his

treatise Domain Name Arbitration. David E. Weslow, Wiley Rein LLP, co-author of A Guide

to the Anti-Cybersquatting Consumer Protection Act (Forthcoming).


[T]his is the first real treatise that not only provides a balanced perspective on the rights of

trademark owners and domain name registrants, but also provides a unique analysis of what the

UDRP was intended to address versus its practical outcomes. Jeffrey Neuman, Founder and

CEO, JJN Solutions, LLC.


Gerald Levine's latest work should be on the desk of every brand owner, representative,

panelist, researcher, and any other professional who interacts with or is studying the UDRP

ecosystem. Steven M. Levy, Esq., UDRP Panelist


Gerald Levine's tireless efforts have produced a gift of inestimable value and utility for all who

care about the UDRP." Nat Cohen, Telepathy Inc. and Board Member of the Internet

Commerce Association


This excellently written . . . tome serves as an indispensable guide for practitioners navigating

the intersection of trademarks and domain names in the virtual realm." Ina Ergasheva,

Director of Operations, Canadian International Internet Dispute Resolution Centre

Clash is a 'must have' book for every domain name panellist and intellectual property lawyer

around the world. Alan Limbury, Negotiator, Arbitrator and NMAS

Accredited Mediator, Managing Director Strategic Resolution