The clash between trade mark law and freedom of speech in cyberspace
Subtitle: does ICANN's URDP strike the right balance?
Published: 2004
Language: eng
Number of pages: 64
Subjects: University of Toronto. -- Faculty of Law -- Dissertations.; Internet Corporation of Assigned Names and Numbers.; Trademarks.; Internet domain names -- Law and legislation.; Dispute resolution (Law).
Description: This paper seeks to explore the tensions between traditional trade mark law and the regulation of Internet domain names in cyberspace. It will evaluate the terms of the Uniform Domain Name Dispute Resolution Policy ("UDRP"), which was adopted by the Internet Corporation of Assigned Names and Numbers ("ICANN") in 1999 to settle disputes between trade mark proprietors and domain name registrants. It will be argued that the UDRP in its present form unfairly favours trade mark proprietors by expanding the scope of traditional trade mark law, and fails to adequately protect the right of Internet users to engage in ordinary discourse and communication. The paper will conclude with a number of suggestions for the amendment of the UDRP, so as to better balance the myriad interests of an increasingly diverse global Internet community, and to promote the development of a more coherent normative framework for the resolution of domain name disputes.
Notes: Adviser: Abraham Drassinower.

Thesis (LL.M.)--University of Toronto, 2004.

Electronic version licensed for access by U. of T. users.

Source: Masters Abstracts International, Volume: 43-03, page: 0723.

MICR copy on microfiche (1 microfiche).