By Richard H.W. Maloy with Kathleen Brown
The United States Senate described the Anticybersquatting Consumer Protection Act which Congress was about to enact in 1999 in the following words:
The purpose of the bill is to protect consumers and American businesses, to promote the growth of online commerce, and to provide clarity in the law for trade-mark owners by prohibiting the bad-faith and abusive regulation of distinctive marks as Internet domain names with the intent to profit from the goodwill associated with such marks â€“ a practice commonly referred to as "cybersquatting."
B.N.A. reports that while the Act and its administrative counterpart, the Uniform Domain Name Dispute Resolution Policy - the UDRP - have "equalized the playing field" for trademark owners from a jurisdictional standpoint, almost ten years after the passage of the statute, trademark owners still need to keep an eye on domain name abuse.
In this book, and glossary, Professor Maloy focuses on domain name abuse by a cogent presentation of the Act, the UDRP and the legal opinions which have interpreted them. Personal jurisdiction over those who violate the law, in rem jurisdiction, and cyberpiracy protection for individuals, are considered, as is the interesting scenario of those who create domain names just to "gripe."
Professor Richard H.W. Maloy holds a Bachelor of Arts degree from Dartmouth College, a Juris Doctor degree from Columbia Law School, and a Master of Laws degree from the University of Miami. During his 34 years of law practice in Miami, Florida he was an Adjunct Professor of Law at the University of Miami and the author of books on appellate practice, pleadings and bankruptcy. For 25 years he continually updated his 14 volume set of Florida Forms of Practice for the major law book publisher, Matthew Bender & Co. He has been on the faculty of St. Thomas University School of Law in Miami since 1991, and is currently a Visiting Professor of Law at that school, where he teaches Conflict of Laws and Remedies.
Paperback, 244 pages