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The Law of Domain Names & Trade-marks on the Internet
ISBN/ISSN/Product Number: 0-459-25678-5
Product Type: Supplemented book
Anticip. Upkeep Cost: $610 per supplement (7-9 per year). Supplements invoiced separately.
Number of Pages: Approximately 3000 pages
Number of Volumes: 3 volumes looseleaf, filed to date with 2 months free service
Binding: 3-Ring Binder
Publication Date: 2005-09-30
Publisher: Carswell
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Description
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.Carswell eReference Library™ is a virtual library that allows subscribers to access print looseleaf products whose contents have been made available in an online format. Subscribe to any eReference looseleaf and you get online access for an unlimited number of users at the same location. It's like getting unlimited copies for the price of one.In addition to being cost-effective, every eReference looseleaf offers the convenience of seamlessly integrated updates and the efficiency of searching and tracking features. Each title is available in two subscription options – print with online access or online access only.For more information visit www.carswell.com/ereference
About the Author
Sheldon Burshtein practises intellectual property and technology law as a partner of Blake, Cassels & Graydon LLP. Counsels on patents, trademarks, copyright, e-commerce, and commercial transactions involving IP and IT. Member, Ontario Bar. Certified Specialist, IP (patent/trademark/copyright) Law. Patent and Trademark Agent, Canada/US. Certified Licensing Professional. Registered Professional Engineer (Ontario). Authored books on Canadian IP, patent, and Internet trademark law. Co-authored books on trademarks, copyright, licensing, IP in corporate transactions, IP disputes, and e-commerce law.
CPD
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