Domain Name Arbitration: A Practical Guide to Asserting and Defending Claims of Cybersquatting Under the Uniform Domain Name Dispute Resolution Policy - Softcover

Levine, Gerald M.

Softcover

ISBN 10: 099158290X ISBN 13: 9780991582907

Publisher: Legal Corner Press, LLC, 2015

Synopsis

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 is that 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 that parties 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."

About this title

About the Author

Gerald M. Levine is an attorney practicing in New York City. He began his career with a major New York law firm before founding his own firm in 1992. He has a litigation and counseling practice and represents clients on a diverse range of legal and business matters from commercial and real estate property disputes to protection of intellectual property rights.

His on the panel of neutral arbitrators for the American Arbitration Association and a mediator for the Commercial Division of the New York Supreme Court, New York County and the United States District Court for the Southern District of New York. He has published numerous articles on trademarks, domain names, cybersquatting, arbitration, and real estate issues. Mr. Levine also holds a Ph.D. in English from New York University.

From the Back Cover

"This is an important, thorough and incredibly helpful guide for navigating the UDRP. Trademark owners, domain name registrants and their legal representatives will all benefit from consulting this book before and after filing or defending a UDRP complaint. Analyzing 15 years of UDRP jurisprudence created by tens of thousands of UDRP decisions is a challenging and valuable undertaking that this book achieves. I will consult it regularly in all of my UDRP work." -- Doug Isenberg, Domain name attorney and UDRP panelist

"As a practitioner who handles many domain name disputes, I did not think I had much to learn about the UDRP. Levine's treatise reminded me that we always have more to learn. This is now required reading at my firm, and is at arm's length any time I have a domain name dispute. "
-- Marc J. Randazza, JD, MAMC, LLM

"My involvement with law of domain name disputes was early and intense, but lacking consistent focus on the substantive and procedural expansion of this intricate galaxy of practice, I shied away from the field. But Gerald Levine's Domain Name Arbitration is a game changer. He's produced a general trademark litigator's guide to the previously uncharted domain-name expanses of the legal universe. This works comprehensiveness, organization and clarity reflect its author's high level of distinction and professionalism."
-- Ronald D. Coleman, Esq.
"Providing legal advice in UDRP proceedings needs an in-depth study of case law. Gerald's book is not only the most up to date publication on UDRP case law, it also provides a comprehensive overview of the relevant questions surrounding this matter and therefore is an extremely helpful guide for everyone dealing with this topic." -- Peter Muller, RechtsanwaltFachanwait fur gewerblichen Rechtsschutz, BNP Legal

"A go-to resource for all professionals in the domain name legal and investing fields."
-- David Lahoti, UDRPsearch

"Since retiring from the New Jersey State Superior Court bench a substantial part of my work has been spent as a Mediator and an Arbitrator. While skilled in resolving most civil disputes, I knew nothing about Domain Names and would not have accepted employment in dispute resolution in that legal arena--until now. Having had the pleasure of reading the work in progress, I found this book to be extraordinary in its accomplishment of making a most complex area of the law intelligible, straightforward and user friendly. It is truly 'the' go to resource to be used as guide for those both seasoned and new to the field."
-- Carol Ferentz, JSC/ret

From the Inside Flap

Excerpt From the Foreword by The Hon Neil A. Brown QC

Domain Name Arbitration puts flesh on the bones by illustrating how the jurisprudence crafted by panellists makes the UDRP a living and working dispute resolution regime. It should certainly be on the desk, or on the computer, of every activist in the domain name world, every practitioner and everyone else that works in the field. I already use it in my practice and find it an essential source of knowledge and opinion in this new and exciting field. I highly recommend it. It promises to be the Grey's Anatomy of domain name arbitration.

Edition details

• Publisher: Legal Corner Press, LLC
• Publication date: 2015
• Language: English
• ISBN 10: 099158290X
• ISBN 13: 9780991582907
• Binding: Paperback
• Number of pages: 558