Domain Name Law and Practice: An International Handbook, 2nd Edition

Author: Torsten Bettinger; Allegra Waddell
Publisher: Oxford University Press
ISBN: 9780199663163

Previous Edition ISBN: 0199278253
Published In: November 2015
Format: Hardback , 1696 pages
Jurisdiction: International ? Disclaimer:
Countri(es) stated herein are used as reference only

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The leading work in international domain name law
In-depth analysis of the trade mark and domain name laws in 35 key jurisdictions
Includes thorough analysis of ICANN's new gTLD program including the complex application procedures, dispute resolution, and new rights protection mechanisms
Detailed review of current and anticipated dispute resolution procedures available in the major domain name spaces
The only work to provide a comprehensive contextualization of Corporate Domain Name Management within the international framework new chapter outlining domain name registration strategies and domain portfolio management tools for brand owners
New chapter outlining domain name registration strategies and domain portfolio management tools for brand owners

New to this edition

Analysis of the trends and driving forces within the domain name industry in a new chapter including consideration of market structure and the evolution of a 'Domain Name Aftermarket'
New chapters on Corporate Domain Name Management, the Trademark Clearing House, Sunrise Procedures and the Trademark Claims Service; the Uniform Rapid Suspension System; and Trademark Post Delegation Dispute Resolution Procedure
New chapters on Colombia, Israel, Mexico, South Korea, Brazil, Egypt, Portugal, and South Africa

An established authority in the field, this work provides comprehensive analysis of the law and practice relating to internet domain names at an international level, combined with a detailed survey of the 35 most important domain name jurisdictions worldwide, including the US, UK, Germany, France, Italy, Netherlands, Japan, China, Singapore, Russia, Canada, and Australia, and new chapters on Israel, Mexico, South Korea, Brazil, Colombia, Egypt, Portugal, and South Africa. The survey includes extensive country-by-country analysis of how domain names relate to existing trade mark law, and upon the developing case law in the field, as well as the alternative dispute resolution procedures.

In its second edition, this work analyses, in depth, key developments in the field including ICANN's new gTLD program. The program, introducing many new top-level domains, will have far-reaching consequences for brand name industries worldwide and for usage of the internet. The complicated application process is considered in detail as well as filing and review procedures, the delegation process, the role and function of the Trademark Clearing House and the Sunrise and Trademark Claims Services, dispute resolution, and new rights protection mechanisms.

Other developments covered include new registration processes such as the use of privacy and proxy services, as well as the expansion of the scope of internationalized domain names, including the addition of a number of generic top-level domains such as ".tel" and ".travel". Also considered are developments relating to the Uniform Domain Name Dispute Resolution Policy (UDRP) in terms of the nature of cases seen under the Policy and the number of cases filed, as well as the recent paperless e-UDRP initiative. The Uniform Rapid Suspension System, working alongside the UDRP in the new gTLD space, is also discussed in a new chapter on this process.

Giving detailed information about the registration of domain names at national, regional and international levels, analysis of the dispute resolution processes at each of those levels, and strategic guidance on how to manage domain names as part of an overall brand strategy, this leading work in international domain name law is essential reading for practitioners in the field.

Readership: Practitioners and in-house counsel interested in IT, e-commerce and intellectual property law (particularly trade marks); domain name registries, registrars and their resellers; internet service providers; academics; post-graduates. The second edition is of particular use to organisations and their lawyers who are applying for and operating their own gTLD registry.

Torsten Bettinger: Introduction
Part I - The Domain Name System
A: Torsten Bettinger: The Structure and Organization of the Domain Name System
B: Torsten Bettinger: Organizational structure and functions of the Internet Coporation for Assigned Names and Numbers (ICANN)
C: Torsten Bettinger: Registration Procedures and Dispute Resolution for the original gTLDs
D: Torsten Bettinger and Mike Rodenbaugh: ICANN's New gTLD Program
E: Torsten Bettinger: Country Code Top Level Domains (ccTLDs)
F: Torsten Bettinger: The European Top Level Domain ".eu"
G: Jannik Skou: Domain Name Industry
H: Jannik Skou: Corporate Domain Name Management
I: Torsten Bettinger: Statistics
Part II - National Law Protection Systems
Alistair Payne and David Fixler: Australia
Robert Chmilewsky-Lehner: Austria
Alain Strowel: Belgium
Eduardo Machado: Brazil
Eric Macramalla: Canada
Lian Yunze and Liu Yuping: China
Daniel Peña: Colombia
Ladislav Jakl: Czech Republic and Slovakia
Knud Wallberg: Denmark
Mohamed-Hossam Loutfi: Egypt
George Souter: Finland
David Taylor: France
Torsten Bettinger: Germany
Apostolos Chronopoulos: Greece
Hong Xue: Hong Kong
Pravin Anand: India
James Bridgeman: Ireland
Ellen Shankman: Israel
Philipp Fabbio: Italy
Makoto Hattori: Japan
Kiyoshi Tsuru: Mexico
Adonna Alkema: Netherlands
Kristine Celius: Norway
Justyna Ozegalski-Trybalska: Poland
Gonçalo da Cunha Ferreira: Portugal
Iouri Kobiako von Gramm and Natalia Gulyaeva: Russian Federation
Tan Tee Jim: Singapore
Charne Le Roux: South Africa
Ho-Hyun Nahm: South Korea
Albert Agustinoy: Spain
Petter Rindforth: Sweden
Gallus Joller: Switzerland
Mustafa Aksu: Turkey
Dawn Osborne and Steve Palmer: United Kingdom
William R. Towns: United States
Part III - Dispute Resolution Procedures
A: Torsten Bettinger and Allegra Waddell: Uniform Domain Name Dispute Resolution Policy and Procedure
B: Torsten Bettinger: Alternative Dispute Resolution for .EU
C: Dr Hong Xue: Trademark Clearing House, Sunrise Procedures and the Trademark Claims Service
D: David Taylor: Trademark Post-Delegation Dispute Resolution Policy
E: Torsten Bettinger: Other Policies Applicable to gTLD spaces
Part IV - The Joint Recommendation
Torsten Bettinger: The Joint Recommendation Concerning Provisions on the Protection of Marks and Other Industrial Signs on the Internet
Part V - Country Overviews
Torsten Bettinger: Table of Country Overviews

Torsten Bettinger is an Attorney-at-Law at Bettinger Schneider Schramm. His experience comprises legal representation in litigation and providing advice in all aspects of IT and software law and in the fields of trademark, designs, copyright and competition law. He is a member of the legal advisory board of the German Registry for .de-Domains, DENIC e.G, Frankfurt/M, and serves as Panelist for the WIPO Arbitration and Mediation Centre, Geneva, and the Prague Arbitration Tribunal for Domain Name Conflicts with respect to domain name conflicts under the European Top-Level-Domain .EU. He is the author of a number of articles on a wide variety of legal issues in connection with the Internet, and on IT and copyright law; he is also a regular speaker at international trade conferences on the topic of industrial property and IT law.

Allegra Waddell is an intellectual property attorney. She is barred in Missouri, United States, and is registered to practice before the US Patent and Trademark Office. Before beginning work as a private legal consultant on UDRP-related matters, Allegra served several years on the Legal Staff of the Domain Name Dispute Resolution Section of WIPO's Arbitration and Mediation Center. During her time at WIPO, she was involved in the drafting of the electronic version of the UDRP Rules approved by ICANN in October 2009, served as the WIPO contact to the CentralNic registry regarding its third-level registration policy, and was heavily involved in the research for and drafting of the second edition of theWIPO Overview of WIPO Panel Views on Selected UDRP Decisions released in February 2011.

Contributors:
Pravin Anand - Senior Partner, Anand and Anand
Albert Agustinoy - Partner, Cuatre Casas
Mustafa Aksu
Adonna Alkema - Hofhuis Alkema Groen
Torsten Bettinger - Attorney-at-Law, Bettinger, Schneider, Schramm
James Bridgeman - Barrister at Law
Peter Brugstaller - Lawfirm
Kristine Celius - Associate, Thomessen
Apostolos Chronopoulos
Goncalo da Cunha Ferreira - Cunha Ferreira Advogados
Philipp Fabbio
David Fixler
Iouri Kobiako von Gramm - Partner at df-mp Natalia Gulyaeva - Partner at Hogan Lovell Moscow Marie-Emmanuelle Haas - Attorney at Law, Casalonga Avocats
Makoto Hattori - Attorney at Law, Abe, Ikubo & Katayama
Ladislav Jakl - Patentservis
Tan Tee Jim - Partner, Lee & Lee
Gallus Joller - Partner, Troller Hitz Troller
Charne Le Roux - Partner, Adams & Adams
Mohamed-Hossam Loutfi - University of Cairo
Eric Macramalla - Partner, Gowlings
Eduardo Magalhães Machado - Senior Partner, Montaury Pimenta, Machado & Vieira de Mello
Ho-Hyun Nahm - Lead Partner, Barun IP & Law
Dawn Osborne - Partner, Palmer Biggs Legal
Justyna Ozelgalski-Trybalska - Associate Professor, School of Law, Jagiellonian University
Steve Palmer - Palmer Biggs Legal
Alistair Payne - Partner, Matheson Ormsby Prentice
Daniel Peña - Peña Mancero Abogados
Peter Rindforth - FenixlegaL
Mike Rodenbaugh - Partner, Rodenbaugh Law
Ellen B. Shankman - Principle, Ellen B. Shankman & Associates
Jannik Skou - Partner, Thomsen Trampedach
George Souter - European Patent Attorney, European Trade Mark & Design Attorney, Lammi & Partners Oy
Alain Strowel - of Counsel, Covington & Burling LLP
David Taylor - Hogan Lovells
William Towns - Partner - Novak Druce
Kiyoshi Tsuru - Partner, Tsuru, Morales & Tsuru Abogados
Allegra Waddell - Consultant, Columbia, Missouri
Knud Wallberg - Partner, Wallberg IP Advice
Hong Xue - Beijing Normal University
Liu Yuping - Attorney-at-law, Trademark Attorney, Hylands IP Agency
Lian Yunze - Attorney, Hylands Law Firm