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Forum of Choice: Challenging Cybersquatters

April 8, 2014

This article, “Forum of Choice for Arbitrating Cybersquatting: The Uniform Domain Name Dispute Resolution Policy,” was published in Dispute Resolution Journal , the New York Dispute Resolution Section of the New York State Bar Association, Spring 2014,

What we recognize today as self evident about the world wide web with its mixture of  opportunity and opportunism was hardly visible in the early 1990s when the Internet began its transformation from the online network created by the academy in the 1980s to the commercial marketplace of today. Then as now anyone, anywhere in the world, without oversight or restriction could register a domain name in any language and launch it into cyberspace for anyone, anywhere in the world to access. There are no gatekeepers at the acquisition stage to demand justification for a registrant’s choice of domain name. By the mid-1990s business leaders had grown increasingly apprehensive about the predatory side of the Internet to demand a more efficient legal mechanism for challenging cybersquatters taking advantage of their intellectual property as an alternative to enduring the costs and delays of civil litigation. The turning point came in 1998…. [Continue reading in Dispute Resolution Journal

Note, a companion article on trademarks is scheduled for publication Fall 2014, NYSBA, IP Section journal, Bright Ideas, “Opportunistic Registrations of Domain Names: What Is Goind On and What Tools are Available for Trademark Owners?” Bright Ideas Gml Article

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