Hardback
Prosecuting and Defending Domain Name Disputes
Effective Litigation Strategies
9781035315024 Edward Elgar Publishing
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.
More Information
Critical Acclaim
Contents
More Information
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 Daniel 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-organized 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.
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-organized 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.
Critical Acclaim
‘Daniel Bereskin’s book is a happy combination of clear and readable prose, copiously footnoted information, and practical advice. The numerous examples and cases listed make it a valuable resource to be relied on both in providing advice to clients wishing to enforce their rights and in drafting of UDRP complaints or responses. No larger than a mass-market paperback, this is a book to be kept on one’s desk.’
– Karen L. Elburg, The Trademark Reporter
‘A must have for all those involved in domain name disputes. It offers extremely valuable guidance for effective litigation under the UDRP, both for complainants and defendants.’
– Professor Charles Gielen, NautaDutilh, Amsterdam, the Netherlands and University of Stellenbosch, South Africa
– Karen L. Elburg, The Trademark Reporter
‘A must have for all those involved in domain name disputes. It offers extremely valuable guidance for effective litigation under the UDRP, both for complainants and defendants.’
– Professor Charles Gielen, NautaDutilh, Amsterdam, the Netherlands and University of Stellenbosch, South Africa
Contents
Contents: Foreword Preface Table of WIPO Domain Name Decisions 1 History, organization, and management of the Uniform Domain Name Dispute Resolution Policy (UDRP) 2 WIPO UDRP procedure 3 First UDRP element: proving the disputed domain name is identical or confusing with
complainant’s trademark 4 Second UDRP element: respondent has no rights or legitimate interests in disputed domain name 5 Third UDRP element: the disputed domain name has been registered and is being used in bad faith 6 Procedural issues 7 Litigating WIPO UDRP disputes Appendix 1 ICANN Uniform Domain Name Dispute Resolution Policy Appendix 2 ICANN Rules for Uniform Domain Name Dispute Resolution Policy Appendix 3 World Intellectual Property Organization Supplemental Rules for Uniform Domain Name Dispute Resolution Policy Appendix 4 WIPO Guide to the Uniform Domain Name Dispute Resolution Policy (UDRP) Appendix 5 Complaint Form Appendix 6 Response Form Index
complainant’s trademark 4 Second UDRP element: respondent has no rights or legitimate interests in disputed domain name 5 Third UDRP element: the disputed domain name has been registered and is being used in bad faith 6 Procedural issues 7 Litigating WIPO UDRP disputes Appendix 1 ICANN Uniform Domain Name Dispute Resolution Policy Appendix 2 ICANN Rules for Uniform Domain Name Dispute Resolution Policy Appendix 3 World Intellectual Property Organization Supplemental Rules for Uniform Domain Name Dispute Resolution Policy Appendix 4 WIPO Guide to the Uniform Domain Name Dispute Resolution Policy (UDRP) Appendix 5 Complaint Form Appendix 6 Response Form Index
