The clash between trade mark law and freedom of speech in cyberspace
does ICANN's URDP strike the right balance?
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Word Count
16,000 words, Guess
Page Count
64 pages
Identifiers
- Open LibraryOL19512683M
- ISBN-100612954331
- ISBN-139780612954335
Description
This paper seeks to explore the tensions between traditional trade mark law and the regulation of Internet domain names in cyberspace. It will evaluate the terms of the Uniform Domain Name Dispute Resolution Policy ("UDRP"), which was adopted by the Internet Corporation of Assigned Names and Numbers ("ICANN") in 1999 to settle disputes between trade mark proprietors and domain name registrants. It will be argued that the UDRP in its present form unfairly favours trade mark proprietors by expanding the scope of traditional trade mark law, and fails to adequately protect the right of Internet users to engage in ordinary discourse and communication. The paper will conclude with a number of suggestions for the amendment of the UDRP, so as to better balance the myriad interests of an increasingly diverse global Internet community, and to promote the development of a more coherent normative framework for the resolution of domain name disputes.
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