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Prosecuting and Defending Domain Name Disputes: Effective Litigation Strategies

Prosecuting and Defending Domain Name Disputes: Effective Litigation Strategies

Author: Daniel R. Bereskin
Publisher: Edward Elgar Publishing
ISBN: 9781035315024
Published In: December 2023
Format: Hardback
Jurisdiction: U.K. ? Disclaimer:
Countri(es) stated herein are used as reference only

List Price: HKD 2,093.00

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Description
Contents

Details

Dealing extensively with domain name dispute case law, rules and procedures, this book provides practical information for protecting trademarks against registration and use of abusive third-party domain names as well as defending UDRP complaints. Leading intellectual property lawyer Dan Bereskin presents an invaluable how-to guide for the effective execution of complaints concerning uniform domain-names while considering responses to such complaints. The book also offers detailed advice on the evidence needed to support complaints and responses.

Key Features:

Evidence needed to support domain name dispute positions
Analysis of the likelihood of success in domain name disputes
A comprehensive examination of WIPO domain name dispute case law
Tips on drafting persuasive responses to domain name dispute complaints
Practical guidance on creating effective complaints in domain name dispute proceedings

This accessible and well-organised book will be a key resource for both trademark owners faced with abusive third-party domain name registrations and domain name owners who believe they registered their domain names in good faith, as well as lawyers, trademark agents, and advisors assisting them in dispute proceedings.

Foreword

Preface

Table of WIPO Domain Name Decisions

History, organization, and management of the Uniform Domain Name Dispute Resolution Policy (UDRP)

WIPO UDRP procedure

First UDRP element: proving the disputed domain name is identical or confusing with

complainant’s trademark

Second UDRP element: respondent has no rights or legitimate interests in disputed domain name

Third UDRP element: the disputed domain name has been registered and is being used in bad faith

Procedural issues

Litigating WIPO UDRP disputes

Appendix 1 ICANN Uniform Domain Name Dispute Resolution Policy