Overview

The book that has become The Clash of Trademarks and Domain Names on the Internet is entirely different from what I originally envisioned. The first draft was simply a selection of earlier published essays. But having assembled these, I saw that the collection lacked coherence as a book. So, I decided on an entirely different approach, one that focused more directly on the body of legal principles applied in adjudicating claims of cybersquatting. This was appropriate because 2024 is the twenty fifth year since ICANN's implementation of the UDRP, and as WIPO anticipated, there has developed a mature jurisprudence to suppress cybersquatting. As I point out in the text, WIPO even named its 2017 Overview, the Jurisprudential Overview. One of the consequence in reconceptualizing Clash, though, was that the text grew to such an extent that it consumed the entire volume and left no room for the indexes and tables. This is because printing protocol limits the number of pages to 840 so that what was originally intended for a one volume has grown to two volumes of unequal length.

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Gerald M. Levine is an attorney practicing in New York City. He began his career with a major New York law firm before founding his own firm in 1992. He serves as a neutral arbitrator for commercial disputes for the American Arbitration Association and for the Financial Industry Regulatory Authority (FINRA). For UDRP disputes, he is on the roster of Panels for the Forum (previously known as the National Arbitration Forum), the Czech Arbitration Court, and the Canadian International Internet Dispute Resolution Centre. He has also been appointed to 3-member WIPO Panels.Mr. Levine is the author of Domain Name Arbitration (Legal Corner Press, 1st Edition 2015, 2nd Edition 2019). His numerous articles on trademarks, domain names, cybersquatting, arbitration, copyright, and publishing issues have appeared in both print and online publications. He has a Ph.D. in English from New York University and a J.D from Brooklyn Law School. In 2022 he was honored by the Internet Commerce Association with a Lifetime Achievement Award ""in recognition of his unparalleled domain name law scholarship and his dedication to exploration and discussion of UDRP jurisprudence."" Georges Nahitchevansky is a partner in the law firm of Kilpatrick Townsend & Stockton LLP. He concentrates his practice in litigation and counseling on trademark, copyright and Internet matters and issues across a broad spectrum of industries in the U.S. and internationally. He has extensive experience in handling U.S. and worldwide trademark, copyright and Internet enforcement and dispute matters, including complex cross border and multi-jurisdictional disputes. He also advises and counsels on online enforcement programs, domain name registration and acquisition programs, and U.S. and worldwide strategies for brand enforcement and protection. He is a WIPO Panelist for cases brought under the UDRP.

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