Index of Decisions PDF Download

Author: United States. Federal Service Impasses Panel
Publisher:
ISBN:
Category : Collective labor agreements
Languages : en
Pages : 56

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Author: Alan Charlesworth
Publisher: Lulu.com
ISBN: 1445205386
Category : Business & Economics
Languages : en
Pages : 176

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A guide to choosing the right domain name for your organization, business, product or brand

Author: Gerald M. Levine
Publisher:
ISBN: 9780991582907
Category :
Languages : en
Pages :

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Book Description
Domain Name Arbitration: A Practical Guide to Asserting and Defending Claims ofCybersquatting Under the Uniform Domain Name Dispute Resolution Policy by Gerald M. Levine, Esq. with a Foreword by Hon. Neil A. Brown QC is an invaluable for attorneys and others in the domain name ownership and investing fields.The Uniform Domain Name Dispute Resolution Policy (UDRP) was implemented by the Internet Corporation for Assigned Names and Numbers (ICANN) in 1999. Between 2000 when the first domain name case was decided and 2015 there have been over 45,000 decided cases. That's approximately 3,500 to 4,000 decisions annually. Parties never confront each other in person as they do in a court of law. The entire procedure takes place online. The UDRP is a quick, efficient and relatively inexpensive regime for determining rights to domain names. Trademark owners can challenge domain name registrants for infringement of their rights to the exclusive use of their marks on the Internet. Decisions are then posted online within 45 days of the submission of the complaint.From these decisions has emerged a unique body of domain name law. One of the several truths gained from the collective wisdom of panelists who decide UDRP cases isthat parties often fail to understand the evidentiary demands they must satisfy to succeed. Domain Name Arbitration is the most comprehensive and in-depth work on the jurisprudence of domain names. It fully describes and illustrates, with case law, the procedural process and proof elements required of the parties. In addition, it thoroughly explores the law governing registration and use of domain names that are identical or confusingly similar to trademarks. The book provides an analytical description of the process and a step-by-step examination of the evidentiary elements thatparties must satisfy to establish the merits of a claim or defense of infringement.As the Honorable Neil A. Brown, Queens Counsel in Melbourne, Australia writes in the book's Foreword, "Domain Name Arbitration puts flesh on the bones by illustrating how jurisprudence crafted by panelists makes UDRP a living and working dispute resolution regime.

Author: Konstantinos Komaitis
Publisher: Routledge
ISBN: 1136956379
Category : Law
Languages : en
Pages : 561

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Book Description
In this book Konstantinos Komaitis identifies a tripartite problem – intellectual, institutional and ethical – inherent in the domain name regulation culture. Using the theory of property, Komaitis discusses domain names as sui generis ‘e-property’ rights and analyses the experience of the past ten years, through the Uniform Domain Name Dispute Resolution Policy (UDRP) and the Anticybersquatting Consumer Protection Act (ACPA). The institutional deficit he identifies, generates a further discussion on the ethical dimensions in the regulation of domain names and prompts Komaitis to suggest the creation of an environment based on justice. The relationship between trademarks and domain names has always been contentious and the existing institutions of the UDRP and ACPA have not assisted in alleviating the tension between the two identifiers. Over the past ten years, the trademark community has been systematic in encouraging and promoting a culture that indiscriminately considers domain names as secondclass citizens, suggesting that trademark rights should have priority over the registration in the domain name space. Komaitis disputes this assertion and brings to light the injustices and the trademark-oriented nature of the UDRP and ACPA. He queries what the appropriate legal source to protect registrants when not seeking to promote trademark interests is. He also delineates a legal hypothesis on their nature as well as the steps of their institutionalisation process that we need to reverse, seeking to create a just framework for the regulation of domain names. Finally he explores how the current policies contribute to the philosophy of domain names as second-class citizens. With these questions in mind, Komaitis suggests some recommendations concerning the reconfiguration of the regulation of domain names.

Author: Torsten Bettinger
Publisher: OUP Oxford
ISBN: 9780199663163
Category : Law
Languages : en
Pages : 0

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Book Description
An established authority for lawyers seeking to advise on or enforce their clients' rights within the domain name system, Domain Name Law and Practice, in its second edition, provides comprehensive, reliable analysis, fully updated to cover additional national jurisdictions and a wealth of information concerning ICANN's new gTLD launch.

Author: Robert A. Badgley
Publisher: Wolters Kluwer
ISBN: 0735532931
Category : Law
Languages : en
Pages : 580

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Book Description
Domain Name Disputes provides practical and comprehensive analysis of domain name disputes resolved by U.S. courts or by the ICANN cyber-arbitration system, With this handy reference, you'll find detailed discussions relating to cybersquatting claims, trademark infringement and dilution claims, property disputes and more. Domain Name Disputes also addresses numerous topics relevant to the ownership and use of domain names, such as: the legal status of domain names as "property" - the clash between trademark rights and free-speech rights - the ways a domain name owner may resist a cybersquatting claim - the ways a trademark owner may succeed against a "passive" cybersquatter - the consequences of having a strong trademark as opposed to a weak one - the circumstances under which one's use of a domain name may subject its owner to the jurisdiction of a court in another state - the deference a U.S. court gives to an ICANN arbitration decision - the differences between a trademark infringement claim and a cybersquatting claim - and much more.

Author: Pablo Cortés
Publisher: Routledge
ISBN: 1136943501
Category : Law
Languages : en
Pages : 283

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Book Description
Offers an account of ODR for consumers in the EU context, presenting a comprehensive investigation of the development of ODR for business to consumer disputes within the EU. This book examines the role of both the European legislator with the Mediation Directive and the English judiciary in encouraging the use of mediation.

Author: Gabrielle Kaufmann-Kohler
Publisher: Oxford University Press
ISBN: 0191669199
Category : Law
Languages : en
Pages : 732

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Book Description
This book expounds the theory of international arbitration law. It explains in easily accessible terms all the fundamentals of arbitration, from separability of the arbitration agreement to competence-competence over procedural autonomy, finality of the award, and many other concepts. It does so with a focus on international arbitration law and jurisprudence in Switzerland, a global leader in the field. With a broader reach than a commentary of Chapter 12 of the Swiss Private International Law Act, the discussion contains numerous references to comparative law and its developments in addition to an extensive review of the practice of international tribunals. Written by two well-known specialists - Professor Kaufmann-Kohler being one of the leading arbitrators worldwide and Professor Rigozzi one of the foremost experts in sports arbitration - the work reflects many years of experience in managing arbitral proceedings involving commercial, investment, and sports disputes. This expertise is the basis for the solutions proposed to resolve the many practical issues that may arise in the course of an arbitration. It also informs the discussion of the arbitration rules addressed in the book, from the ICC Arbitration Rules to the Swiss Rules of International Arbitration, the CAS Code, and the UNCITRAL Rules. While the book covers commercial and sports arbitrations primarily, it also applies to investment arbitrations conducted under rules other than the ICSID framework.

Author: Maud Piers
Publisher: Cambridge University Press
ISBN: 1108287174
Category : Law
Languages : en
Pages : 328

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Book Description
Arbitration in the Digital Age analyses how technology can be efficiently and legitimately used to further sound arbitration proceedings. The contributions, from a variety of arbitration scholars, report on current developments, predict future trends, and assesses their impact from a practical, legal, and technical point of view. The book also discusses the relationship between arbitration and the Internet and analyses how social media can affect arbitrators and counsel's behaviour. Furthermore, it analyses the validity of electronic arbitration and awards, as well as Online Arbitration (OArb). The volume establishes, on a very practical level, how technology could be used by arbitration institutions, arbitrators, parties to an arbitration and counsel. This book will be of special interest to arbitrators and lawyers involved in international commercial arbitration.

Author: Colin Rule
Publisher: John Wiley & Sons
ISBN: 0787967769
Category : Business & Economics
Languages : en
Pages : 338

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Book Description
In this original and highly useful resource, Colin Rule—a pioneer in the field of online dispute resolution (ODR)—shows how ODR can be used to resolve conflicts which inevitably arise both online and offline in business and commerce. Based on exclusive research and up-to-date best practices, Online Dispute Resolution for Business presents expert advice on how ODR can save time and money, offering timely suggestions and proven approaches for resolving business related conflicts online.