The Current State of Domain Name Regulation: Domain Names as Second Class Citizens in a Mark-Dominated World

Author:   Konstantinos Komaitis
Publisher:   Taylor & Francis Ltd
ISBN:  

9780415631587


Pages:   292
Publication Date:   01 May 2012
Format:   Paperback
Availability:   In Print   Availability explained
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The Current State of Domain Name Regulation: Domain Names as Second Class Citizens in a Mark-Dominated World


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Full Product Details

Author:   Konstantinos Komaitis
Publisher:   Taylor & Francis Ltd
Imprint:   Routledge
Dimensions:   Width: 15.60cm , Height: 1.70cm , Length: 23.40cm
Weight:   0.550kg
ISBN:  

9780415631587


ISBN 10:   0415631580
Pages:   292
Publication Date:   01 May 2012
Audience:   College/higher education ,  Professional and scholarly ,  Tertiary & Higher Education ,  Professional & Vocational
Format:   Paperback
Publisher's Status:   Active
Availability:   In Print   Availability explained
This item will be ordered in for you from one of our suppliers. Upon receipt, we will promptly dispatch it out to you. For in store availability, please contact us.

Table of Contents

"1. Introduction: Taking on the Sins of ICANN and the UDRP Part 1: Intellectual Problem 2. Contextualising Property 3. Introducing Trademarks 4. Domain Names: Their Technological, Socio-Economic and Legal Status Part 2: Institutional Problem 5. History of Domain Name Institutionalization 6. ""Lex Domainia"" – The New Lex Mercatoria? 7. The UDRP and Arbitration 8. Issues of Procedural Unfairness 9. Free Speech in the Context of the UDRP 10. Regulating Domain Names Nationally: The Case of the Anticybersquatting Consumer Protection Act (ACPA) 11. Applying the UDRP and ACPA in the Right Context Part 3: Ethical Problem 12. ‘Haves’ and ‘Have-Nots’ Part 4: Themes and Issues 13. Forwards and Backwards 14. Repeating the Same Mistakes: New GTLDs and the IRT Recommendation Report"

Reviews

"'[This book] provides a passionate yet legalistic and well-researched overview of the legal, institutional and ethical problems caused by the clash between domain names and trademarks. This is really the first decent book-length treatment of what is now a decade and a half of legal and political conflict between domain name registrants and trademark holders. But this is more than a static compilation and description of the subject: Komaitis has an original and fundamentally important argument to make.' - Milton Mueller, Internet Governance Project, 2010 ""... the content of the book is excellent and it gives a thorough and comprehensive study on the subject. It is a valuable contribution on the subject of domain names and should be on the top of the list for researchers seeking answers to questions on the state of domain names.""Anan Shawqi Younes, University of Leicester; SCRIPTed 2010 (7:3) ‘This book is a must-read for any legal scholar or policy-maker interested in understanding the international public policy objectives and political negotiations behind Internet domain name policy and trademark law policy. If you want to know how the intersection of trademark law and domain name policy has historically evolved, where it is right now, and where it is going, you have found the right book.' – Robin D. Gross, Imagine Law, San Francisco, Executive Director of IP Justice, and Chair of ICANN’s Noncommercial Users Constituency (NCUC) ‘Few academic studies are as timely and compelling as this book. Dr. Komaitis provides the first comprehensive analysis and history of the UDRP. Dr. Komaitis' questions, insights and reformulations stand to alter the way we understand domain names and their meanings. His answers to the key question: ""How can we distance the domain names from the catalytic influence of trademark law"" stand to pave a path to fairer and more neutral treatment of domain names for people around the world. This is an unprecedented book.' – Kathryn A. Kleiman, Esq., Senior Internet Law and Policy Attorney, Internet Matters, USA ‘As ICANN proceeds to expand generic top level domains, this timely and thorough critique of the legal regulation of the domain space provides a necessary analysis of the legal nature of domain names. Arguing that without sound ethical principles of equality, fairness and lawfulness underpinnings any regulation of the domain name space is flawed, Komaitis proffers well considered solutions for a just domain name polis firmly rooted in the experience of the first ten years of domain name dispute resolution.' – Catherine Colston, University of Strathclyde, Scotland '[This book] provides a passionate yet legalistic and well-researched overview of the legal, institutional and ethical problems caused by the clash between domain names and trademarks. This is really the first decent book-length treatment of what is now a decade and a half of legal and political conflict between domain name registrants and trademark holders. But this is more than a static compilation and description of the subject: Komaitis has an original and fundamentally important argument to make.' – Milton Mueller, Internet Governance Project, 2010"


'This book is a must-read for any legal scholar or policy-maker interested in understanding the international public policy objectives and political negotiations behind Internet domain name policy and trademark law policy. If you want to know how the intersection of trademark law and domain name policy has historically evolved, where it is right now, and where it is going, you have found the right book.' -- Robin D. Gross, Imagine Law, San Francisco, Executive Director of IP Justice, and Chair of ICANN's Noncommercial Users Constituency (NCUC) 'Few academic studies are as timely and compelling as this book. Dr. Komaitis provides the first comprehensive analysis and history of the UDRP. Dr. Komaitis' questions, insights and reformulations stand to alter the way we understand domain names and their meanings. His answers to the key question: How can we distance the domain names from the catalytic influence of trademark law stand to pave a path to fairer and more neutral treatment of domain names for people around the world. This is an unprecedented book.' -- Kathryn A. Kleiman, Esq., Senior Internet Law and Policy Attorney, Internet Matters, USA 'As ICANN proceeds to expand generic top level domains, this timely and thorough critique of the legal regulation of the domain space provides a necessary analysis of the legal nature of domain names. Arguing that without sound ethical principles of equality, fairness and lawfulness underpinnings any regulation of the domain name space is flawed, Komaitis proffers well considered solutions for a just domain name polis firmly rooted in the experience of the first ten years of domain name dispute resolution.' -- Catherine Colston, University of Strathclyde, Scotland '[This book] provides a passionate yet legalistic and well-researched overview of the legal, institutional and ethical problems caused by the clash between domain names and trademarks. This is really the first decent book-length treatment of what is now a decade and a half of legal and political conflict between domain name registrants and trademark holders. But this is more than a static compilation and description of the subject: Komaitis has an original and fundamentally important argument to make.' -- Milton Mueller, Internet Governance Project, 2010


'This book is a must-read for any legal scholar or policy-maker interested in understanding the international public policy objectives and political negotiations behind Internet domain name policy and trademark law policy. If you want to know how the intersection of trademark law and domain name policy has historically evolved, where it is right now, and where it is going, you have found the right book.' - Robin D. Gross, Imagine Law, San Francisco, Executive Director of IP Justice, and Chair of ICANN's Noncommercial Users Constituency (NCUC) 'Few academic studies are as timely and compelling as this book. Dr. Komaitis provides the first comprehensive analysis and history of the UDRP. Dr. Komaitis' questions, insights and reformulations stand to alter the way we understand domain names and their meanings. His answers to the key question: How can we distance the domain names from the catalytic influence of trademark law stand to pave a path to fairer and more neutral treatment of domain names for people around the world. This is an unprecedented book.' - Kathryn A. Kleiman, Esq., Senior Internet Law and Policy Attorney, Internet Matters, USA 'As ICANN proceeds to expand generic top level domains, this timely and thorough critique of the legal regulation of the domain space provides a necessary analysis of the legal nature of domain names. Arguing that without sound ethical principles of equality, fairness and lawfulness underpinnings any regulation of the domain name space is flawed, Komaitis proffers well considered solutions for a just domain name polis firmly rooted in the experience of the first ten years of domain name dispute resolution.' - Catherine Colston, University of Strathclyde, Scotland '[This book] provides a passionate yet legalistic and well-researched overview of the legal, institutional and ethical problems caused by the clash between domain names and trademarks. This is really the first decent book-length treatment of what is now a decade and a half of legal and political conflict between domain name registrants and trademark holders. But this is more than a static compilation and description of the subject: Komaitis has an original and fundamentally important argument to make.' - Milton Mueller, Internet Governance Project, 2010


Author Information

Konstantinos Komaitis (Ph.D, LLM (Strathclyde University) and LLM (University of Sheffield)) is a lecturer at the University of Strathclyde, UK. He was also a member of ICANN's Special Trademark Issues (STI) team and a drafter of the Uniform Rapid Suspension (URS) system.

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