With the advent of the World Wide Web and increasing access availability, online trading has become very important to the world of commerce and as such the provisions of traditional trademark law have come under duress.
A number of issues pertaining to trademark law have been highlighted through emergent internet domain name disputes. “Domain names are alphanumeric combinations that serve to mask internet protocol (IP) addresses” , for user-friendly access to individual web sites. No two websites can have the same domain name. In order to ensure the consistent clarification of individual reputations, businesses and organisations vie to register domain names akin to associated trademarks.
This paper discusses the effectiveness of jurisdictional trademark law in the context of the internet, a global platform for commerce. Section 1 outlines the nature of online disputes pertaining to the conflict between trademark law and domain names. Section 2 highlights how the jurisdictional nature of trademark law may in fact cause domain naming disputes and act as a hindrance to resolution. Section 3 presents an overview of the current efforts being made to resolve the conflict between trademark law and the domain naming issue. Section 4 is a critical analysis of the effectiveness of current dispute resolution policies. Section 5 summarises the progressive effectiveness of tr...
... middle of paper ...
Panavision International L.P. v Toeppen 141 F.3d 1316 9th Cir. 1998 Panavision International L.P. v Toeppen 141 F.3d 1316 9th Cir. 1998 [ONLINE] Available at: http://www.techlawjournal.com/courts/avery/19980417.htm
Prince plc v Prince Sports Group Inc  FSR 21 [ONLINE] Available at: http://www.domaindisputes.co.za/downloads/NominetCases/PrincevPrinceSports.pdf
Robin Cook v Alberta Hotrods 2012 NAF no: FA1105001391337 [ONLINE] Available at: http://domains.adrforum.com/domains/decisions/1391337.htm
SoLuxury HMC v. Above.com Domain Privacy / Host Master - Transure Enterprise Ltd  Case No D2012-1945 (WIPO ADR) [ONLINE] Available at: http://www.wipo.int/amc/en/domains/search/text.jsp?case=D2012-1945
1-800-Flowers Inc v Phonenames ltd  FSR 697 [ONLLINE] Available At: http://www.out-law.com/page-8654
Need Writing Help?
Get feedback on grammar, clarity, concision and logic instantly.Check your paper »
- Australia, commercially would be at an advantage if contract law was codified. The common law system which contracts calls home, can only take on so many avenues and limits itself when stretched to cover new areas. There needs to be a national set of laws governing contracts on the commercial front and in general areas to overcome discrepancies across borders. However there still remains inconsistency with consumers, minors and business trade through contracts made online. The digital economy is not only one of the fastest growing areas but is forever changing and is definitely a prospect that needs to be covered.... [tags: legal issues, law system]
1889 words (5.4 pages)
Online Community Policing Initiative Is More Effective At Countering Online Terrorism And Violent Extremism
- RESEARCH QUESTION This research studies the general New York City’s public opinion of online-community policing for combating terrorism and countering violent extremism on social media websites. Online-community policing of social-media can take the form of both the online presence of state-police as well as participatory user reporting of terrorists/extremists’ user-accounts and content. Each type of online-community policing initiative is distinct in both scope and importance. Each can complement one another in the cessation of online terrorism and violent extremism.... [tags: Terrorism, Counter-terrorism, Research]
1469 words (4.2 pages)
- 1 Introduction(graphics not included) Unified decentralized configurations have led to many intuitive advances, including suffix trees and digital-to-analog converters. The notion that cryptographers collaborate with DNS is usually well-received . This is essential to the success of our work. Obviously, self-learning configurations and the synthesis of scatter/gather I/O are based entirely on the assumption that web browsers and local-area networks are not in conflict with the study of erasure coding.... [tags: Technology]
1595 words (4.6 pages)
- Effective Communication Communication is an inevitable process of human connection to knowledge, learning and social interaction. Through communication, individuals are able to convey their thoughts and feelings in various ways with hopes in perhaps the desired outcome that others understand what is conveyed. Communication is an exchanged between individuals through words, body language, and symbols. Seventy percent of an individual's day consists of some form of communication (Wallace & Roberson, 2009).... [tags: knowledge, social interaction, verbal]
1186 words (3.4 pages)
- As the internet has grown, subsuming nearly every facet of our daily lives on a truly global scale, the line between citizen and “netizen” has become increasingly blurred, if not nonexistent. Being the former in most modern societies now practically necessitates life as the latter – agonizing trips to the DMV can now be replaced by a few deft clicks on a government website, news is more often consumed via pixels than in print, and an email account has become a practical essentiality for both business and personal communications.... [tags: internet, communication, crime]
653 words (1.9 pages)
- A Legal and Ethical Issue in the Digital Realm Virtual Property Protection Virtual world activities and transactions have become indispensable to our lives. People create their avatars to represent themselves and ‘live’ in virtual worlds, such as virtual communities or video games. They spend countless hours in these worlds to improve their virtual social status and reputation, and use real money to buy virtual property in these worlds. These bring people a sense of achievement and great happiness, but most of them have no idea about the risks that they are taking when they are ‘investing’ in these virtual worlds.... [tags: Law, Property, Property law, Personal property]
1005 words (2.9 pages)
- With the rapid expansion of online information, an increasing number of people prefer to search for information online and store their information in the cloud. However, personal information is stolen as lacking clear legal protection. Both Corbett and Wu state the most pressing question that national and international regimes should develop laws and interact to effectively enforce regulations to protect personal information online. In other words, because of different culture, different history and different definition of personal information, different countries have different laws to protect privacy, in this case, those countries need to unite to work out effective measures against in... [tags: regimes, law, regulations, government]
976 words (2.8 pages)
- A number of high profile organisations have been subjected to great reputational damage resulting from a proliferation of personal information breaches (Protecting Personal Information, 2010). Organisations have made substantial use of their customer's personal information without doing much to protect the information. Organisation's collecting personal information have had little impetus to consider the best privacy protection solutions and people have not done anything drastic to initiate such action (Loss of privacy is price one pays to live in online world, 2011).... [tags: Personal Information, Privacy Law]
997 words (2.8 pages)
- Abstract: Recently, there has been a rush to create web-based instructional courses. The approach that is being taken to create web-based courses is to create websites that will function as the central distributors of information and materials. Based on the format and content of the course, the student is to go through lesson by lesson to complete courses. In this paper, I address some of the problems inherent in this approach, especially with respect to 18-22 year-old undergraduate education. Introduction Technology has had a large impact on the field of education.... [tags: Effectiveness of Online Classes]
2438 words (7 pages)
- Studying Law within a Broad Context While the law may be too ungainly and inefficient a vehicle to directly change the world, it offers a unique opportunity to help influence people's interpretation of the world. I have always longed to be in a more intellectual environment where I might be allowed to see things from a different perspective. Having thoroughly enjoyed the academic study of Government and Politics and Economics where understanding political rhetoric and economic influences on government policies had to be analysed through abstract theories I am looking forward to studying law within a broad political, economical, historical and social context.... [tags: Law College Admissions Essays]
509 words (1.5 pages)
- Description of the Jim crow Law Era
- Proving that Ads are Beneficial to Children
- The Significance of Satan as the Leader of Hell
- Evaluation of Team win Percentage, Number of Star Players, Whether a Team Makes the Playoffs in Basketball
- The Large and Generally Positive Effect Immigration has on the Economics of a Country.
- Lender of Last Resort Activites by National Banking Era Institutions