Prosecuting and Defending Domain Name Disputes

Daniel R. Bereskin, C.M., K.C., Principal, Smart & Biggar LLP, Canada

‘Daniel Bereskin’s book is a happy combination of clear and readable prose, copiously footnoted information, and practical advice. The numerous examples and cases listed make it a valuable resource to be relied on both in providing advice to clients wishing to enforce their rights and in drafting of UDRP complaints or responses. No larger than a mass-market paperback, this is a book to be kept on one’s desk.’

• Contents: Foreword Preface Table of WIPO Domain Name Decisions 1 History, organization, and management of the Uniform Domain Name Dispute Resolution Policy (UDRP) 2 WIPO UDRP procedure 3 First UDRP element: proving the disputed domain name is identical or confusing withcomplainant’s trademark 4 Second UDRP element: respondent has no rights or legitimate interests in disputed domain name 5 Third UDRP element: the disputed domain name has been registered and is being used in bad faith 6 Procedural issues 7 Litigating WIPO UDRP disputes Appendix 1 ICANN Uniform Domain Name Dispute Resolution Policy Appendix 2 ICANN Rules for Uniform Domain Name Dispute Resolution Policy Appendix 3 World Intellectual Property Organization Supplemental Rules for Uniform Domain Name Dispute Resolution Policy Appendix 4 WIPO Guide to the Uniform Domain Name Dispute Resolution Policy (UDRP) Appendix 5 Complaint Form Appendix 6 Response Form Index