The Domain Name System (DNS), which matches computer addresses to human-friendly domain names, has given rise to many legal issues. Two important issues are the institutional arrangements for governing the DNS and the use of trade marks as domain names. This book is the first complete statement of this rapidly-evolving area of the law. In particular, the book includes a comprehensive statement of decisions under the Uniform Domain Name Dispute Resolution Policy (UDRP), the international system for resolving disputes between trade mark owners and domain name registrants. In this path-breaking work the author examines the extent to which principles of national trade mark law have been used in UDRP decisions. It will be essential reading for anyone, whether academic or practitioner, interested in internet law, intellectual property, and e-commerce law.
David Lindsay, a Senior Lecturer at Monash Law School, is a widely published expert on internet law, intellectual property law and privacy.
1. THE DOMAIN NAME SYSTEM The Internet Internet Addressing and the DNS Top-level Domains (TLDs) Operation of DNS 2. DNS GOVERNANCE AND ICANN Internet and DNS Governance History of DNS Governance Origins of ICANN Contractual Basis of DNS Governance ICANN ICANN's Structure ICANN's Processes Registry and Registrar Agreements ccTLD Governance The WSIS 3. UNIFORM DOMAIN NAME DISPUTE RESOLUTION Domain Name Disputes History of the UDRP The UDRP WIPO Second Process Report Other Dispute-resolution Systems Limited Remedies Fundamental Tensions and WIPO Overview 4. UDRP PROCEDURES The UDRP Rules Precedent and the UDRP UDRP Procedures Choice of Law and Language Supplemental Submissions and Refiling Burden of Proof Other Procedural Issues Reverse Domain Name Hijacking Equitable Defences 5. IDENTICAL OR CONFUSINGLY SIMILAR DOMAIN NAMES Overview Trade Marks 'Unregistered' Trade Marks Registered Trade Marks Unregistered Marks Distinctiveness and Secondary Meaning Personal Names Trade Mark Law English Action for Passing Off Geographical Terms Non-exclusive Rights Comparing Domain Names and Marks 'Identical or Confusingly Similar' Typosquatting Gripe Sites 6. RIGHTS OR INTERESTS IN THE DISPUTED DOMAIN NAME Overview and Policy Affirmative Defences Burden of Proof Bona Fide Offering of Goods or Services Status of Business Plans 'Commonly Known by' Domain Name Non-commercial or Fair Use Generic Terms 7. BAD FAITH REGISTRATION AND USE Overview and Policy Registration and Use in Bad Faith Bad Faith Use Bad Faith Registration Notice of Complainant's Mark Disclaimer 'Opportunistic' Bad Faith Registration for Purpose of Sale Registration to Prevent Use of Mark Disrupting Competitor's Business Commercial Gain from Confusing Use