Domain Name Law Briefing

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The substance of domain name law is closely related to the law of trademarks; but its form is quite different.

The domain name dispute procedure has been largely privatised by means of the Uniform Domain Name Disputes Resolution Policy (known as the UDRP) and related systems of domain name arbitration. The vast majority of domain name disputes are, as a result of this privatisation, decided through independent arbitration bodies such as the WIPO Arbitration and Mediation Centre in Geneva, or the National Arbitration Forum in the US.

The starting point for research into questions of domain name law will largely depend upon the extension of the domain name in issue. Generic top-level domain disputes (i.e. those concerning .com, .net, .org etc., domains) are most commonly adjudicated under the UDRP. UK country code domain disputes (i.e. .uk disputes) are adjudicated through Nominet’s Dispute Resolution Service. Other countries have similar systems.

Glossary: Ambush Marketing, Bait & Switch, Brand Name, Branding, Browser, Cloaking, Corporate Reputation, Cybersquatting, Decoy, Domain Name, Domain Name Registrar, High Level Domain, ICANN, Mask URL, Microsite, Nominet, Obfuscation, Phishing, Top Level Domain (TLD), Trademarks, Trust, URI, URL, URN, Whois

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