The Internet has raised significant challenges for those who own, manage and enforce trademark rights and register and manage domain names. This publication considers the commercial and legal realities of how trademarks and domain names are used and perceived on the Internet in the context of established trademark and related legal principles. The book sets out the history of, the technology underlying, and the legal issues relating to, the international domain name system. The text analyzes whether a domain name is property or some other type of right. The book also considers the WHOIS systems.
The book comprehensively deals with the acquisition and violation of trademark and related rights on the Internet. It also analyzes in detail the many practices and techniques which have emerged on the Internet and, when effected in association with a trademark, trade name or individual name, pose fundamental challenges to the essence of trademark and related laws. These practices and techniques include references to trademarks which are typically the subject of national rights on websites which are available on a global basis. The book analyzes the trademark and domain name significance of linking, framing, keying, metatagging, pop-up advertising, dropcatching, spinning, front running, parking, tasting, kiting, click fraud, cybergripping, cybercriticizing, mousetrapping, pagejacking, spidering, spoofing, phishing, pharming, evil twinning, slamming and screen scraping. The publication includes a detailed analysis of Web 2.0, including the business motives for, the legal implications of, and the impact on domain names and trademarks of Web 2.0 platforms, including blogs, wikis, social networks and virtual worlds. Decisions relating to these practices, techniques and platforms from Canada, the United States, the United Kingdom, other Anglo law jurisdictions and, in some cases, major European jurisdictions are analyzed.
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