One example is clickfarming — using domain names to generate revenues from click-on advertisements. Abstract In the lead-up to the next presidential election, it will be important for candidates both to maintain an online presence and to exercise control over bad faith uses of domain names and web content related to their campaigns. As such, policymakers, scholars and students of intellectual property, cyber law, computer law, constitutional law, and e-commerce law will find it a valuable resource. Yet there is another - in our view more historically accurate - way to frame the trademark use debate: the question is whether courts should, absent specific statutory authorization, allow trademark holders to assert a new and unprecedented form of trademark infringement claim. Analyzing the ways in which past disputes have been decided by courts and arbitrators, Jacqueline Lipton offers a comprehensive, global examination of the legal, regulatory and policy issues that will shape the future of Internet domain name governance. It is registered to someone outside the Clinton campaign and is not currently in active use.
Political, Cultural and Geographic Identifiers in the Domain Space 6. Trademark protection covers the danger of creating language monopolies on words belonging to the public domain. It incorporates trademark policy within a broader theoretical framework incorporating aspects of restitution and property theory. Rather than the all-or-nothing approach suggested by these doctrines, we suggest that consumers would benefit from a more nuanced approach in these doctrines. While a 3D printer is not yet a common household item, the time to start thinking about that future is now. Adopted to combat cybersquatting, these rules left a confused picture of domain name theory in their wake.
Personal Names in the Domain Space 5. Jacqui Lipton has provided a wide-ranging and thoughtful analysis of the clash between commercial values and broader social values unfolding within the administration of the Internet domain name system. We show that trademark use theorists ignores the multivalence of trademark law, and that adopting trademark use doctrines would result in less transparent trademark decisionmaking. Prior to that, she held faculty positions at Case Western Reserve University, the University of Nottingham, Monash University and visiting faculty positions at the University of Florida and the University of Melbourne. As the first form of truly rivalrous digital property, Internet domain names raise many challenges for law and policy makers. She is the co-author of multiple editions of a leading cyberspace casebook as well as numerous other casebooks and articles, including articles that have been published in leading law reviews in the United States, Europe and Australia. The evolution of trademark law reflects a continual balancing act that seeks to maximize the informational value of marks while avoiding their use to suppress competitive information.
Senator Obama's campaign strategists understood and capitalized on the capabilities of what has recently become known as Web 2. As cost barriers fell, individuals engaged with copyrighted work as never before. Series Title: Responsibility: Jacqueline Lipton. It is now a powerful multi-directional networking tool. That is unsurprising because trademark law and theory is significantly different than that of patent and copyright. Trademark law - unlike patent and copyright law - is not structured to reward creators for producing particular content.
She is the co-author of multiple editions of a leading cyberspace casebook Cyberspace Law: Cases and Materials, with Professor Raymond S. Senator Barack Obama's historic victory in the 2008 election marks some important milestones - notably that this country is ready for its first African-American president. No longer is the Internet a one-way communications medium between candidate and electorate. Saudi Arabia, for example, has filed objections to dozens of names, most relating to sex, alcohol, gambling, Christianity and Islam. Dinwoodie and Janis's thorough account notwithstanding, it remains the fact that, before the recent spate of Internet-related cases, no court had ever recognized a trademark claim of the sort that trademark holders are now asserting. It does not deal with protecting important uses of domain names as part of the political process. Industries were forced to reorganize, and the foundations of copyright were reexamined.
Overview of Domain Name Regulation 2. She has taught a variety of domestic and international commercial and intellectual property courses including International Intellectual Property, Comparative Digital Transactions Law, Workplace Privacy Law, Trademarks and Unfair Competition Law, Cyberlaw, and Trade Secrets Law. The Boundaries of Bad Faith in the Domain Space 7. Instead, we propose that trademark law retain its traditional preference for contextual analysis. Digitization has already disrupted copyright-based industries and laws. What are the legal implications for the domain name system? Her scholarship focuses on law and digital technology, as well as law and the creative arts. Certainly, trademark laws can make it easier and cheaper for consumers to locate products with desired qualities, thus making markets more competitive.
We argue that trademark use theory is flawed and should be rejected. She was also Associate Director of the Frederick K. Ku and the leading casebook on The Criminal Law of Intellectual Property with Professors G. This article introduces the design of Modus, a platform for shared proprietary rights over the Internet, as an alternative way to manage digital ownership. Prior to her academic career, she worked in commercial and finance law in Australia. Policy issues also are being hotly debated.
The core patent bargain - sharing how to make something in exchange for exclusivity - may be meaningless in a world of digitized things. This article examines the large gaps and inconsistencies in current domain name law and policy as to domain name use in the political context. Lipton is well-versed on developments in global communications and online business models. Jacqueline Lipton Jacqueline Lipton is the Baker Botts Professor of Law and Co-Director of the Institute for Intellectual Property and Information Law at the University of Houston Law Center. Founded in 1947, it is a top-tier institution awarding Doctor of Jurisprudence J. Her scholarship focuses on law and digital technology, as well as law and the creative arts.
The pop-up and keyword cases involve attempts to impose third-party liability under the guise of direct infringement suits. Domain Names and Free Speech 4. The theory seeks determinate trademark rules in order to encourage a climate of certainty for innovators, but the concepts on which it is founded are likely to degenerate. The legal argumentation rests upon Art. It contrasts his use of the Internet with other uses of the Internet in politics. What are the legal implications for the domain name system? About the University of Houston Law Center The is the leading law school in the nation's fourth-largest city.