About the Book
An established authority in the field, this work provides comprehensive analysis of the law and practice relating to internet domain names at an international level, combined with a detailed survey of the 36 most important domain name jurisdictions worldwide, including the US, UK, Germany, France, Italy, Netherlands, Japan, China, Singapore, Russia, Canada, and Australia, and new chapters on Israel, Mexico, South Korea, Brazil, Colombia, Portugal, and South Africa.
The survey includes extensive country-by-country analysis of how domain names relate to existing trade mark law, and upon the developing case law in the field, as well as the alternative dispute
resolution procedures.
In its second edition, this work analyses, in depth, key developments in the field including ICANN's new gTLD program. The program, introducing more than 700 new top-level domains, will have far-reaching consequences for brand name industries worldwide and for usage of the internet. The complicated application process is considered in detail as well as filing and review procedures, the delegation process, the role and function of the Trademark
Clearing House and the Sunrise and Trademark Claims Services, dispute resolution, and new rights protection mechanisms.
Other developments covered include new registration processes
such as the use of privacy and proxy services, as well as the expansion of the scope of internationalized domain names, including the addition of a number of generic top-level domains such as ".tel" and ".travel". Also considered are developments relating to the Uniform Domain Name Dispute Resolution Policy (UDRP) in terms of the nature of cases seen under the Policy and the number of cases filed, as well as the recent paperless e-UDRP initiative. The Uniform Rapid Suspension System, working
alongside the UDRP in the new gTLD space, is also discussed in a new chapter on this process.
Giving detailed information about the registration of domain names at national,
regional and international levels, analysis of the dispute resolution processes at each of those levels, and strategic guidance on how to manage domain names as part of an overall brand strategy, this leading work in international domain name law is essential reading for practitioners in the field.
Table of Contents:
Torsten Bettinger: Preface Part I - The Domain Name System A: Torsten Bettinger: The Structure and Organization of the Domain Name System B: Torsten Bettinger and Volker Griemann: Organizational structure and functions of the Internet Coporation for Assigned Names and Numbers (ICANN) C: Torsten Bettinger: Original gTLDs: Registration Procedures and Dispute Resolution D: Torsten Bettinger, Mike Rodenbaugh, Jannik Skou, and Volker Greimann: New gTLDs E: Torsten Bettinger: Country Code Top Level Domains (ccTLDs) F: Torsten Bettinger: The European Top Level Domain ".eu" G: Jannik Skou: Domain Name Industry H: Torsten Bettinger: Statistics Part II - National Law Alistair Payne and David Fixler: Australia Peter Burgstaller: Austria Alain Strowel and Benjamin Docquir: Belgium Karin Grau-Kuntz, Bernardo Brauer: Brazil Eric Macramalla: Canada Lian Yunze and Liu Yuping: China Radka MacGregor Pelikanova, Ladislav Jakl: Czech Republic Knud Wallberg: Denmark David Taylor: France Torsten Bettinger: Germany Apostolos Chronopoulos: Greece Hong Xue: Hong Kong Pravin Anand: India James Bridgeman: Ireland Ellen Shankman: Israel Philipp Fabbio: Italy Makoto Hattori and Nodoka Nakamura: Japan Adonna Alkema: The Netherlands Kristine Celius: Norway Justyna Ozegalski-Trybalska: Poland Alexandre Dias Pereira, Carla Valerio: Portugal Iouri Kobiako von Gamm and Natalia Gulyaeva: Russian Federation Tan Tee Jim: Singapore Charne Le Roux: South Africa Ho-Hyun Nahm: South Korea Albert Agustinoy: Spain Petter Rindforth: Sweden Gallus Joller: Switzerland Mustafa Aksu: Turkey Steve Palmer, Dawn Osborne: United Kingdom William R. Towns: United States Part III - Rights Protection Mechanisms A. Rights Protection Mechanisms for new gTLDs I: Rights Protection against Applications for a new gTLDs (Pre-Delegation Dispute Resolution) 1: Torsten Bettinger and Mike Rodenbaugh: New gTLD Dispute Resolution Procedure 2: Torsten Bettinger: String Confusion Objection 3: Torsten Bettinger: Legal Rights Obligation 4: Torsten Bettinger: Public Interest Objection 5: Torsten Bettinger: Community Based Objections II: Torsten Bettinger, David Taylor, and Jane Seager: Rights Protection against the operation and use of new gTLDs by the Registry Operator (Post-Delegation Dispute Resolution) 1: David Taylor: Trademark Post-Delegation Dispute Resolution Policy (PDDRP) 2: Torsten Bettinger: Registry Restrictions Dispute Resolution Procedures (RRDRP) 3: Torsten Bettinger: Public Interest Commitments Dispute Resolution Procedure (PICDRP) III: Rights Protection against the Registration and Use of Domain Names within a new gLTD 1: Hong Xue, Torsten Bettinger, and Allegra Waddell: Trademark Clearing House, Sunrise Procedures and the Trademark Claims Service (TMCH) 2: Torsten Bettinger and Allegra Waddell: Uniform Rapid Suspension System (URS) 3: Torsten Bettinger: Sunrise Dispute Resolution Policy 4: Torsten Bettinger: Registry Specific Rights Protection Mechanisms (DPML) B. Rights Protection Mechanisms for all gLTDs I: Torsten Bettinger and Allegra Waddell: Uniform Domain Name Dispute Resolution Policy and Procedure (UDRP) II: Other Consensus Policies III: gTLD Specific Dispute Resolution Procedures C. Rights Protection Mechanisms for ccLTDs I: Torsten Bettinger and Allegra Waddell: Alternative Dispute Resolution for .EU II: Alternative Dispute Resolution Procedures for ccTLDs 1: Torsten Bettinger: UDRP for ccTLDs 2: Torsten Bettinger: ccTLD Specific Dispute Resolution Part IV - Joint Recommendation Torsten Bettinger: Table of Country Overviews Torsten Bettinger and Allegra Waddell: Table of Country Overviews
About the Author :
Torsten Bettinger is a partner with the patent attorneys and attorney-at law chambers of Bettinger Scheffelt Kobiako von Gamm in Munich. He advises in all fields of intellectual property and specializes in the creation of global trademark and branding strategies, programs to protect intellectual property rights against infringement, unfair competition and copyright. He has counseled clients on cutting-edge issues such as the new generic top-level domain (gTLD)
program, including drafting and prosecuting new gTLD applications and developing advocacy and enforcement strategies in this space. As counsel and as WIPO Arbitration and Mediation Center panelist, Mr
Bettinger has been involved in decisions on numerous domain name conflicts based on the Uniform Domain Name Dispute Resolution Policy and similar processes for country code top-level domains (ccTLDs). Allegra Waddell is an intellectual property attorney. She is barred in Missouri, United States, and is registered to practice before the US Patent and Trademark Office. Before beginning work as a private legal consultant on UDRP-related matters, Allegra served several years on the Legal Staff of the Domain Name Dispute Resolution Section of WIPO's Arbitration and Mediation Center. During her time at WIPO, she was involved in the drafting of the electronic version of the UDRP Rules approved by
ICANN in October 2009, served as the WIPO contact to the CentralNic registry regarding its third-level registration policy, and was heavily involved in the research for and drafting of the second
edition of theWIPO Overview of WIPO Panel Views on Selected UDRP Decisions released in February 2011.
Review :
This book is the leading authority on our contemporary domain name regime. There is no parallel book that provides such an extensive and illuminating inquiry into the procedural and legal aspects of protecting domain names ... This volume is of vital contribution to the study of domain name systems and the general development of law and procedure in interconnected environments.
Systematically examined and clearly stated, the full scope of domain name law is comprehensively covered in this treatise. It is an excellent reference book.
In glorious, ministerial red linen with delicate gold embossing and navy accents, the traditional cover of this book belies the very modern topic it covers: Domain Names. If you've got a domain law question, this book likely has the answer.
