The Cyberspace Law
Committee of the Business Law Section Presents:
Cyber Space Odyssey 2002
Registered Trademarks carry more weight
Domain Name as a Trademark… P.T.O. and TM.Com
U.S. – EU: USE vs. Registration
Trademark Prosecutions can Alter Domain Name rights…
Exporting the
First Amendment? Sucks sites
Exporting the
First Amendment? UDRP
Courts may use foreign law against U.S. user, and U.S. law against a Foreign Judgment…
Domain Names
2003:
Working a Balance
If you are Famous: UDRP vs. ACPA or both…
Relationship Between Trademarks and Domain Names
Interplay between
UDRP and ACPA
Sanctions for Too Many Cases:
Interplay between
UDRP and ACPA
Declaratory Relief and ACPA as Appeal
from UDRP
UDRP Rules: Paragraph 4(a) Basic Elements
UDRP Rules: Paragraph 4(a)(iii) – Bad Faith Use
UDRP: Famous Names may not fare well: Arbitration can be arbitrary…
Famous – Political Religious & Wealthy under UDRP
U.S.A.:
Anticybersquatting Consumer
Protection Act Elements:
ACPA Bad Faith Intent to Profit - Factors:
ACPA Bad Faith Intent- Offers to sell the Domain Name:
ACPA & Trademark 2002: Broadening Jurisdiction? “Simon Says – Wine”
ACPA In Rem Action: When The Bad Guy is Not Available
ACPA Retroactivity, Money Damages
Is a Domain Name “Property?” SEX.com
Domain Name Registrants Rights
Domain Name Registrants Rights Cybersquatters Rights?
Lack of Commercialism and Asserted “Art”