Trade Marks and Passing Off

2016 ◽  
Author(s):  
Jaani Riordan
Keyword(s):  
Trade Mark ◽  
The Other ◽  
The Internet ◽  
Domain Name ◽  
Passing Off ◽  
Domain Names ◽  
Contested Space ◽  
Keyword Advertising ◽  
Territorial Conflicts ◽  
Secondary Liability

This chapter examines the secondary liability of internet intermediaries for trade mark infringement and passing off occurring online. The internet intrinsically relies upon a functioning system of domain names, keyword-based search tools, and advertising. These arenas present ample opportunities for conflict over protected signs. At one extreme are territorial conflicts between legitimate traders who happen to possess parallel rights in different jurisdictions; at the other extreme lie cases of opportunistic squatting on a rivalrous keyword resource, such as a domain name, for commercial gain, or outright counterfeiting. Within the contested space that lies between, the line between honest and unfair competition is becoming increasingly blurred, as traders seek to exploit rivals’ names in keyword advertising, practise aggressive search engine optimisation, and compete for traffic, reputation, and attention. The zone of accepted commercial practices is fluid and extremely nebulous.

Structure and Organization of the Domain Name System

2015 ◽  
Author(s):  
Torsten Bettinger
Keyword(s):  
Host Computer ◽  
The Internet ◽  
Domain Name System ◽  
Domain Name ◽  
Global Regulation ◽  
Ip Address ◽  
Domain Names ◽  
Data Packets ◽  
System P ◽  
Administrative Tasks

Although the Internet has no cross-organizational, financial, or operational management responsible for the entire Internet, certain administrative tasks are coordinated centrally. Among the most important organizational tasks that require global regulation is the management of Internet Protocol (IP) addresses and their corresponding domain names. The IP address consists of an existing 32 bit (IP4) or 128 bit (IP6) sequence of digits and is the actual physical network address by which routing on the Internet takes place and which will ensure that the data packets reach the correct host computer.

Online Brands and Trademark Conflicts: A Hegelian Perspective

2006 ◽  
Vol 16 (3) ◽  
pp. 343-367 ◽  
Author(s):  
Richard A. Spinello
Keyword(s):  
Free Speech ◽  
Strong Support ◽  
The Internet ◽  
Domain Name ◽  
Reasonable Person ◽  
Domain Names ◽  
Consumer Confusion ◽  
Trademark Dilution ◽  
Online Brands ◽  
Free Speech Rights

Abstract:The Internet presents opportunities for corporations to efficiently build their brands online and to enhance their global reach. But there are threats as well as opportunities, since anti-branding and free-riding activities are easier in cyberspace. One such threat is the unauthorized incorporation of a trademark into a domain name. This can lead to trademark dilution and cause consumer confusion. But some users claim a right to use these trademarks for the purpose of parody or criticism. Underlying these trademark conflicts is the familiar tension between property rights and free speech rights. While some trademark scholars are reluctant to consider a trademark as property, we find strong support for the property paradigm in Hegel’s philosophy. Assuming that a trademark is an earned property right, we propose that a trademark owner should be allowed to control the permutations of its trademark incorporated into domain names unless a reasonable person would not confuse that domain name with the company’s mark. But we also conclude that there must be latitude to employ a domain name for negative editorial comment, so long as the source and purpose of that domain name is plainly apparent.

Trade Marks and Allied Rights

2017 ◽  
Author(s):  
Dev Gangjee
Keyword(s):  
Brand Image ◽  
Trade Mark ◽  
Unfair Competition ◽  
Legal Issues ◽  
Geographical Indications ◽  
Trade Marks ◽  
Passing Off ◽  
Domain Names ◽  
Detrimental Impact ◽  
Scope Of Protection

This chapter outlines the principal features of trade mark protection regimes, drawing primarily on EU and US materials to illustrate the underlying legal issues. It includes an outline of the principal allied rights; namely (i) unfair competition, (ii) passing off, (iii) publicity rights, (iv) geographical indications, and (v) domain names. The overview traces the incremental re-orientation of trade mark regimes in recent decades as they have moved beyond their traditional remit of origin-indication protection in response to claims that brand image needs to be better accommodated. In some cases, the ensuing broader scope of protection can have a detrimental impact on speech and inhibit marketplace competition.

scholarly journals Nombre de dominios y otros signos distintivos. Aproximación teórica y análisis practico

2007 ◽  
Vol 6 ◽  
pp. 39-63
Author(s):  
Jorge Alberto Fierro Abella
Keyword(s):  
Internet Protocol ◽  
The Internet ◽  
Domain Name System ◽  
Domain Name ◽  
Empirical Application ◽  
Domain Names ◽  
Registration Procedure ◽  
Transmission Of Information ◽  
Theoretical Frame ◽  
La Red

El desarrollo de la llamada red de redes o internet ha supuesto un cambio sustancial en la forma de entender las relaciones comerciales. La extensión del acceso a aquella a un número cada vez mayor de agentes económicos, unido a un crecimiento continuo de los contenidos de toda índole disponibles en la red, implica que la facilidad con que se acceda a la información de una determinada compañía tenga un elevado valor. El objetivo de este documento de reflexión es ofrecer en primer lugar, un panorama general del marco teórico en el que se desarrolla la actividad de registro de nombres de dominio, tanto en el ámbito internacional como en el local (España) y su relación con el derecho de marcas, para a partir de ello exponer una serie de casos, que tienen una relación directa con España, bien por tratarse de resoluciones de nuestros tribunales, bien por ser asuntos en los que se discutía la titularidad de nombres de dominio en los que aparecía como perjudicado (real o pretendido) una marca o nombre comercial española o al menos con presencia en este país. Abstract Domain names are the familiar and easy-to-remember names for internet computers. They map to unique Internet Protocol (IP) numbers that serve as routing addresses on the Internet. The domain name system (DNS) translates internet names into the IP numbers needed for transmission of information across the network. The challenge pursued by the following research is to provide a general outlook of the theoretical frame for the technical activity of domain name registration procedure, as well as the implication of complementary sources of rules. The territorial context of the analysis is only apparent, since the empirical application of concepts can also be applied by other jurisdictions. Palabras Claves Nombre de dominio, marcas, marcas de internet, derecho de marcas, competencia desleal, usurpación de marcas. Keywords Nombre de dominio, marcas, marcas de internet, derecho de marcas, competencia desleal, usurpación de marcas

scholarly journals "DNS SEHAT" Implementation on Automatic Replicated Recursive Domain Name System on PT. X

2019 ◽  
Author(s):  
Muhammad Ilham Verardi Pradana
Keyword(s):  
Search Engine ◽  
Search Engines ◽  
The Other ◽  
The Internet ◽  
Domain Name System ◽  
Domain Name ◽  
Search Results ◽  
Search Result ◽  
Google Search

Thanks to the existence of Search engines, all of informations and datas could be easily found in the internet, one of the search engine that users use the most is Google. Google still be the most popular search engine to provide any informations available on the internet. The search result that Google provide, doesn't always give the result we wanted. Google just displayed the results based on the keyword we type. So sometimes, they show us the negative contents on the internet, such as pornography, pornsites, and many more that seems to be related to the keyword, whether the title or the other that makes the result going that way. In this paper, we will implement the "DNS SEHAT" to pass along client's request queries so the Google search engine on the client's side will provide more relevant search results without any negative contents.

scholarly journals Identifying Influential SLD Authoritative Name Servers on the Internet

2021 ◽  
Vol 9 ◽  
Author(s):  
Haiyan Xu ◽  
Zhaoxin Zhang ◽  
Bing Han ◽  
Jianen Yan
Keyword(s):  
Network Analysis ◽  
Partial Order ◽  
Complex Network ◽  
Evaluation Method ◽  
The Internet ◽  
Domain Name ◽  
Domain Names ◽  
Node Importance ◽  
Wide Range ◽  
Proper Operation

DNS plays an important role on the Internet. The addressing of most applications depends on the proper operation of DNS. The root servers and the top-level domain servers are relied upon by many domains on the Internet, and their security affects the whole Internet. As a result, more attention has been paid to the security of servers at these two levels. However, the security of second-level domains and their servers also needs to be brought to the forefront. This paper focuses on showing the complex resolving dependencies and identifying influential name servers for second-level domains. We start by detecting domain name resolution paths and building up a name dependency graph. Then we construct domain name resolution networks of different numbers and sizes, which are connected by a certain number of domain name resolution graphs. On this basis, the network is analyzed from the perspective of complex network analysis, and a multi-indicators node importance evaluation method based on partial order is proposed to identify the influential name servers of the network. Once these name servers are not properly configured and fail or are compromised by DDoS attacks, it will cause resolution failure for a wide range of domain names.

21. Internet regulation and domain names

2017 ◽  
Author(s):  
Ian J. Lloyd
Keyword(s):  
Internet Access ◽  
The Internet ◽  
Domain Name System ◽  
Domain Name ◽  
Domain Names ◽  
Internet Regulation ◽  
System P ◽  
Functional Equivalent ◽  
Technical Issues ◽  
Major Factors

Internet access is dependent on two major factors: Internet (generally referred to as IP) addresses, which are a functional equivalent to telephone numbers, and domain names. The former element raises a number of technical issues but is generally non-contentious. Systems of domain names—which effectively serve as an alias for IP numbers—are much more controversial and raise major issues how the Internet should be regulated. This chapter begins with a discussion of the emergence of Internet regulation. It then turns to domain names and the regulation of the domain-name system.

Icann’S New gTLD Program

2015 ◽  
Author(s):  
Torsten Bettinger ◽  
Mike Rodenbaugh
Keyword(s):  
Free Trade ◽  
The Internet ◽  
Domain Name System ◽  
Domain Name ◽  
Domain Names ◽  
The World ◽  
Stakeholder Model ◽  
Business Entities ◽  
The Stability ◽  
Multi Stakeholder

Since its creation in 1998, the Internet Corporation for Assigned Names and Numbers (ICANN) has been responsible for ensuring free trade and marketplace competition in the sale and regulation of domain names, as well as overseeing the stability of the Domain Name System (DNS) and the creation of consistent, functional policies. Therefore, its responsibilities include assessing when, and to what degree, additional generic top-level domains (gTLDs) are needed in order to ensure the proper functioning of the DNS. In order to make such a determination, ICANN relied on the input of interested Internet stakeholders as mandated through its multi-stakeholder model, which involves interested business entities, individuals, and governments from around the world.

Domain Name Law And Practice

2015 ◽  
Keyword(s):  
Dispute Resolution ◽  
Trade Mark ◽  
Brand Strategy ◽  
Uniform Domain ◽  
Application Process ◽  
Domain Name ◽  
Domain Names ◽  
Protection Mechanisms ◽  
Trade Mark Law ◽  
And Function

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.

scholarly journals P remadoma

2021 ◽  
Vol 2 (1) ◽  
pp. 1-24
Author(s):  
Lieven Desmet ◽  
Jan Spooren ◽  
Thomas Vissers ◽  
Peter Janssen ◽  
Wouter Joosen
Keyword(s):  
State Of The Art ◽  
The Internet ◽  
Operational Environment ◽  
Online Service ◽  
Domain Name ◽  
Domain Names ◽  
Domain Specific ◽  
Essential Components ◽  
Malicious Intent ◽  
The Eu

DNS is one of the most essential components of the Internet, mapping domain names to the IP addresses behind almost every online service. Domain names are therefore also a fundamental tool for attackers to quickly locate and relocate their malicious activities on the Internet. In this article, we design and evaluate P remadoma , a solution for DNS registries to predict malicious intent well before a domain name becomes operational. In contrast to blacklists, which only offer protection after some harm has already been done, this system can prevent domain names from being used before they can pose any threats. We advance the state of the art by leveraging recent insights into the ecosystem of malicious domain registrations, focusing explicitly on facilitators employed for bulk registration and similarity patterns in registrant information. We thoroughly evaluate the proposed prediction model’s performance and adaptability on an 11-month testing set and address complex and domain-specific dataset challenges. Moreover, we have successfully deployed P remadoma in the operational environment of the .eu ccTLD registry, resulting in a decline of malicious registrations. Finally, we have identified and quantified three possible evasion patterns and have observed changes in the malicious registration ecosystem since P remadoma has been operationalized.

Sign in / Sign up

Export Citation Format

Share Document