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Domain Names - Strategies and Legal Aspects
Domain Names - Strategies and Legal Aspects
2nd Edition
ISBN:  9780414066847
Published by:  Sweet & Maxwell
Publication Date:  22 Jun 2018
Subscription Information:  Non-Subscribable Product
Format:  Hardback
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PRODUCT DESCRIPTION
The internet has changed significantly in recent years. Being aware of the relation between domain names and trade marks, as well as the strategies to optimize opportunities online while navigating brand damaging pitfalls, is crucial to any modern business — domain names are no longer merely an address on the web. Domain names hold substantial financial value, closely interact with trade mark rights and affect branding and consumer/client trust.

This book will guide you through the essentials for developing a successful online strategy and managing the legal aspects of domain names. What is a domain name from a legal perspective and how does it differ from a trade mark or service mark? What domain names should I register, under which top-level domains and does it matter where I register them (with which registrar)? Do they affect search engine optimization (SEO)? How should a company manager, IT director or lawyer handle domain names within the company? How do we detect and deal with trade mark infringement online?

The second edition includes extensive coverage of both old and new top-level domains, both from a strategic and legal perspective. New additions include, but are not limited to, case updates, phishing and spoofing, current dispute statistics, IPv6, national dispute resolution systems, comparison between the two most frequently used dispute resolution regulations, relevant illustrative domain name dispute cases, expanded information regarding the requirements to successfully prove trade mark infringement in domain name disputes, new SEO guidelines and trade mark protection mechanisms in place since the launch of 1,200+ new top-level domains.


Jeanette Söderlund Sause is a lawyer specialising in domain name law, and has successfully handled a great number of disputes under national and international domain name dispute resolution systems. She is also a domain name industry consultant, focusing on marketing, acquisitions, portfolio management and strategies, with experience at corporate, registrar and registry levels.

Malin Edmar
is an attorney in IP rights, IT and e-commerce law. She often drives large and complicated negotiations and handles dispute resolutions. Malin worked at Microsoft in the US, providing legal services around product development and online services. She was also a member of the government-appointed Swedish ICT Commission.


REVIEWS
Book review — “Domain Names: Strategies and Legal Aspects”

Kevin Murphy, Domain Incite.


I’ve only ever read two books about the domain name industry.

The first one was Kieren McCarthy’s excellent Sex.com, the 2007 barely believable non-fictional tech-thriller that seemed to deliberately eschew inside-baseball policy talk in favor of a funny and rather gripping human narrative.

The second, Domain Names – Strategies and Legal Aspects, by Jeanette Soderlund Sause and Malin Edmar, is pretty much the diametrical opposite.

The book, published in its second edition in June, instead seems bent on explaining the complex intersection of domain names and intellectual property rights in as few words as it is able.

Coming in at a brisk 150 pages, it’s basically been engineered to funnel as much information into your brain as possible in as short a space of time as possible.

I blazed through my complimentary review copy during a three-hour train journey a couple months ago.

About half-way through, I realized I had done absolutely no background reading about the authors or publisher, and had no idea who the intended reader was.

The introduction, written for the 2014 first edition by a Swedish civil servant then on the GAC, gives the misleading impression that the book has something to say about multistakeholderism, DNS fragmentation, or new gTLD controversies.

It doesn’t. If the authors have any political opinions, you will not learn them from Domain Names. 

What you will get is a competent reference work geared primarily towards IP lawyers and brand management folk who are newbies to the world of domain names.

The authors are both Swedish IP lawyers, though Soderland Sause is currently marketing VP for the .global gTLD registry. 

The first half of their book deals with introducing and briefly explaining the high-level technical aspects of the DNS and the basic structure of the market, then discussing the difference between a trademark and a domain name.

An occasionally enlightening middle section of about 30 pages deals with strategies for selecting and obtaining domains, either as fresh registrations or from third parties such as cybersquatters, investors or competitors.

But the second half of the book — which deals with UDRP and related dispute resolution procedures — is evidently where the authors’, and presumably readers’, primary interest lies.

It goes into comparative depth on this topic, and I actually started to learn a few things during this section.

As a newcomer to the work, I cannot definitively say whether the new and updated content — which I infer covers developments in new gTLDs and such over the last four years — is worth the £120 upgrade for owners of the first edition. 

It also seems to have gone to the printers before it was fully clear how ICANN was going to deal with GDPR; a third edition will likely be needed in a couple of years after the smoke clears.

I’d be lying if I said I had any fun reading Domain Names, but I don’t think I was supposed to.

I can see myself keeping it near my desk for occasional reference, which I think is what it’s mainly there for.

I can see IP lawyers or ICANN policy wonks also keeping copies by their desks, to be handed out to new employees as a primer on what they need to do to get their hands on the domains they want.

These juniors can then absorb the book over a weekend and keep it by their own desks for future reference, to be eventually passed on to the next n00b.
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